My Current Status h1 or H4

[mario09]

My Previous H1b i-94 expired on 10/31/2014.
My Employer applied for H1 Transfer on 10/23/2014 which was approved on 11/18/2014 with 11/18/2014 effective date.
Also in Parallel we applied COS to H4 on 10/28/2014. After H1 Approval we sent H4 withdrwal letter which was recieved by USCIS on 11/22/2014 and on 11/24/2014 USCIS approved the H4 COS with 11/15/2014 effective date.


My Employer has called USCIS and they said my H1 & H4 both approved but my current approved status is H1b. They will will process H4 withdrawal letter once they get to it. Meanwhile I am taking a Infopass appointment to confirm my status.

I read on the web that as per Last Action Rule Effective date (valid from) will take precedence no matter whatever is the approval date (Notice date). Based on the Last Action Rule rule am I on H1b status?

H1:
Notice (Approval) Date: 11/18/2014
valid (Effective) from 11/18/2014

H4:
Notice (Approval) Date: 11/24/2014
valid (Effective) from 11/15/2014

please clarify:
1. What is my current Status?
2. Since we sent withdrwal letter before to H4 approval will that H4 will be withdrawn?
3. What will be my status after H4 is with drawan by USCIS?
4. If H4 is with drawan by USCIS what will be my status from 10/31/2014 to 11/18/2014?
5. Do I get any confirmation from USCIS that I am on H1b valid status from 10/31/2014?

[raghvi]

My Previous H1b i-94 expired on 10/31/2014.
My Employer applied for H1 Transfer on 10/23/2014 which was approved on 11/18/2014 with 11/18/2014 effective date.
Also in Parallel we applied COS to H4 on 10/28/2014. After H1 Approval we sent H4 withdrwal letter which was recieved by USCIS on 11/22/2014 and on 11/24/2014 USCIS approved the H4 COS with 11/15/2014 effective date.


My Employer has called USCIS and they said my H1 & H4 both approved but my current approved status is H1b. They will will process H4 withdrawal letter once they get to it. Meanwhile I am taking a Infopass appointment to confirm my status.

I read on the web that as per Last Action Rule Effective date (valid from) will take precedence no matter whatever is the approval date (Notice date). Based on the Last Action Rule rule am I on H1b status?

H1:
Notice (Approval) Date: 11/18/2014
valid (Effective) from 11/18/2014

H4:
Notice (Approval) Date: 11/24/2014
valid (Effective) from 11/15/2014

please clarify:
1. What is my current Status?
2. Since we sent withdrwal letter before to H4 approval will that H4 will be withdrawn?
3. What will be my status after H4 is with drawan by USCIS?
4. If H4 is with drawan by USCIS what will be my status from 10/31/2014 to 11/18/2014?
5. Do I get any confirmation from USCIS that I am on H1b valid status from 10/31/2014?

What was the necessity to apply H4 while H1 transfer was already going on?

Only USCIS can confirm the status you are in on now.

1. Only USCIS can say.
2. Well they would need to first assess.
3. If H1 not approved by then you would be out of status.
4. It should typically be H1.
5. No such confirmation.

The surest way to get over this mess is to leave US and re enter on the visa you would want to be.


This is my opinion not legal advice.

[mario09]

I called USCIS and they said they are going to process my H4 withdrawal.
After USCIS withdraw my H4 petition will I automatically get H1b status or I will be out of status?

[raghvi]

I called USCIS and they said they are going to process my H4 withdrawal.
After USCIS withdraw my H4 petition will I automatically get H1b status or I will be out of status?

As I said earlier, only USCIS can answer that. And since that answer may never come except in form of a question later on during your GC processing, it is advisable to wipe the board clean and re enter on a fresh visa.

This is my opinion not legal advice.