H1-B to H4 Pending to H1B, both approved together

[shikha82]

Hi All,

So here is the series of events that took place in the past month:
1) Lost my job on 6th August 2013. I-94 and Current Visa Valid till 28th Oct 2013
2) Applied for COS to H4 on 30th Aug 2013
3) Got new Job offer and applied for new H1B on 12th Sep 2013. H4 petition was still pending.
4) Got I-797 C for H1-B approval (Valid till Oct 2016) and I-797 A for H4 approval (Valid till Oct 2014) both on 18th Sep 2013.
5) I-797 A for H4 has the new I-94 attached, with validity till 18th Aug 2014.
6) I-797 C for H1-B does not have any I-94.
7) Currently waiting or the final H1-B approval notice.

Can someone advise what status am I in currently? What should be my next steps?

Any help will be greatly appreciated!!

Thanks!

[kabkaba]

Is the I-797c the receipt notice or is it a courtesy copy of the approval notice? Does the wording state that the H1 petition has been approved? Does it also state that the beneficiary's status has been extended? Are the dates on both those notices the same? (Date as it appears on the notice not the date that you received it).

[shikha82]

Is the I-797c the receipt notice or is it a courtesy copy of the approval notice? - It is a courtesy copy of the approval notice (H1-B)
Does the wording state that the H1 petition has been approved? - Yes, the H1-B , I-797 C mentions a) Notice Type: Approval Notice. b) It also mentions "The above petition and extension of stay have been approved"
Does it also state that the beneficiary's status has been extended? - Yes, as mentioned above
Are the dates on both those notices the same? (Date as it appears on the notice not the date that you received it). - Yes, both have the Notice Date of September 18, 2013

Hello,
Thanks for responding.
Please find my responses inline.

[kabkaba]

In that case you are in a very unique situation. The last action rule suggests that your status is determined by the last action taken by USCIS. But in this case both H1 and H4 are approved on the same day. Your employer's attorney should be consulted and they should ask USCIS for clarification.
If you want to be 100% certain, you can travel to Canada or Mexico and return in H1B status in order to start working. (I assume your H1B Visa is valid).

[shikha82]

The attorneys have suggested to submit a withdrawal for the H-4 application, notifying USCIS of their intent to continue in H-1B status. Can this be done?
Also, if I travel and come back, will it not be an issue since my Valid visa is for the old employer but the approved I-797 is for the new employer?

[kabkaba]

I think withdrawing the H4 application will work.

Having different Visa is not a problem.

[shikha82]

So today I received the approved I-797 A for H1-B which has I-94 attached with validity till August 2016. Can I now safely assume that I am in a valid H1-B status?

[kabkaba]

Yes, but do withdraw the H4 application.

[isaccoldton]

H4 and H1 approved same day

Hi All,

So here is the series of events that took place in the past month:
1) Lost my job on 6th August 2013. I-94 and Current Visa Valid till 28th Oct 2013
2) Applied for COS to H4 on 30th Aug 2013
3) Got new Job offer and applied for new H1B on 12th Sep 2013. H4 petition was still pending.
4) Got I-797 C for H1-B approval (Valid till Oct 2016) and I-797 A for H4 approval (Valid till Oct 2014) both on 18th Sep 2013.
5) I-797 A for H4 has the new I-94 attached, with validity till 18th Aug 2014.
6) I-797 C for H1-B does not have any I-94.
7) Currently waiting or the final H1-B approval notice.

Can someone advise what status am I in currently? What should be my next steps?

Any help will be greatly appreciated!!

Thanks!

Hi Shika,

I am also in the same situation as you, can you please help me with which approach have you chose

- - - Updated - - -

I am also in the similar situation and here are the sequence of events:

Applied to H1 to H4 COS as my contract was over last year on 12/23/2015
- Applied for COS H4 to H1B on pending H4 on 02/23/2015
- Both the Pending H4 and H1B approved on same day Ie on 03/05/2015 received I 94 for both the approval with validates

please help on how to proceed

[KaranS1]

Hi Shika,

I am also in the same situation as you, can you please help me with which approach have you chose

- - - Updated - - -

I am also in the similar situation and here are the sequence of events:

Applied to H1 to H4 COS as my contract was over last year on 12/23/2015
- Applied for COS H4 to H1B on pending H4 on 02/23/2015
- Both the Pending H4 and H1B approved on same day Ie on 03/05/2015 received I 94 for both the approval with validates

please help on how to proceed

I am also in a similar situation as you both, My H4 and H1B got approved on same day, April 24, 2015. Please advice which approach did you chose in your cases. Please help me how to proceed. I want to keep H1B and start working asap. Thank you very much.