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How can i Cancel/Withdraw My Spouse H4 Visa extension ?

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  • How can i Cancel/Withdraw My Spouse H4 Visa extension ?

    My spose's H4 extension is applied till Dec30, 2013, I Had earleir filed her H1 B visa.
    When her H1 gets approved, should i cancel her H4 extension? If so how can i cancel ?

  • #2
    Originally posted by monu2k4 View Post
    My spose's H4 extension is applied till Dec30, 2013, I Had earleir filed her H1 B visa.
    When her H1 gets approved, should i cancel her H4 extension? If so how can i cancel ?
    When is your spouse's H4 I-94 expiring?

    Comment


    • #3
      Her status will be determined by the application that gets approved last. (Last action rule). So if H1 status is desired, she should withdraw the H4 application.
      This is my opinion and not legal advice.

      Comment


      • #4
        Her H4 is expiring Aug 9th 2013, so i filed her Extension (i539).
        Earlier i had filed her H1 (in April 2013 ).

        So if H1 get approved before H4, should i withdraw H4?
        What if H4 gets approved before H1 ?

        Comment


        • #5
          If her H4 I-94 is also expiring Aug 9th 2013, and if you withdraw her H4 extension request, she would be out of status between 9-Aug-2013 to 01-Oct-2013.

          In such scenario I doubt if her H1 will get approved before 01-Oct-2013. It should typically go in to a RFE with USCIS first asking you to submit evidence of a valid status for her on 30-Sep-2013 in order to do a valid COS to H1 from 01-Oct-2013. For her to be in valid status on 30-Sep-2013 her H4 has to get appproved first and then only USCIS can approve a COS to H1.

          This is my opinion not legal advice.

          Comment


          • #6
            i have filed her H4 extension , last week.
            while her H1 is in process .

            My questiion is if H1 get approved , how can i withdraw/cancel the H4 extesion that i filed ?
            should i do this only after Sep30th.

            Comment


            • #7
              You are not getting the point. You should not withdraw/cancel the H4 extension request. If you do so your spouse would be out of status from 9th August onwards.
              ---If H4 extension approval comes before 01-Oct-2013 no need to do anything as your spouse would automatically move to H1 from 01-Oct-2013.
              ---If H4 extension comes after 01-Oct-2013 your spouse would need to refile a H4 to H1 Change of Status in order to start working.

              This is my opinion not legal advice.

              Comment


              • #8
                My wife’s H4 extension was filed on 04/14 (H4 was expiring on 04/20) and it is not approved yet i.e. by 06/27/2020

                But on 06/26/2020, her H1B COS petition was approved.

                Along with filing the H4 withdrawal, what else do I need to make sure that this H4 petiton gets withdrawn?

                Along with that, how can we get H4 approval notice for the period 04/21-06/25?

                Comment

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