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H4 - H1 conflict of status

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  • H4 - H1 conflict of status

    Hi ,

    I am new to this forum and would appreciate any suggestions on my situations. I entered USA on H4 status in July 2014, and applied for H1B for 2015-16 quota this April. during this period, my wife has to move to a different employer and i was asked to extend/change the i-539 to them. since my I-129 was in process and i went ahead with my I-539 transfer. However, my I-129 got approved in the month of August,2015 and immediately i asked my Wife's employer to withdraw the application for my I-539. He then sent a correspondence to USCIS asking them to Amend my I-539 end to September,2015 as my I-129 will be active from 1st,October,2015. Initially my impression was that they wont approve my I-539 as they have received the correspondence from my attorney. But to my surprise, even the I-539 got approved on 14,December,2015. Now i am worried if my I-129 is revoked since I-539 was approved after the first one. When i spoke to USCIS, all they could tell me was that both got approved and if there is any conflict of status, i would need to visit the Local immigration office.


    My questions are :
    how to know the my present status since both the applications got approved ?.
    i started working from 12th October ,2015, so should i continue working or wait till the situation is resolved?

    Appreciate any quick responses on this.

    Thanks,
    NasikaP

  • #2
    If your H4 was approved after your H1B effective date, then you are in H4 status and you should not work. Search and read about the last action rule. You should visit the local immigration office to seek help or you can leave the country and return back in H1B visa to begin working again.
    Not a legal advice. Use of this information is strictly at your own risk.

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