Peculiar case: H1B approved (1st Oct 2015), Now H4 extension also approved (8 Jan 16)

[Modi]

Hi all,

I had filed for H4 extension in August since it was expiring on 09/09/2015. During this time my H1B (applied through my company X) also got approved (from 1-Oct-2015). Today, through post, i received my H4 extension approval notice which is valid until 09/10/2016.

I had not initiated my H4 extension withdrawal. That was applied through my wife's company (company Y).

Kindly help: what i should do now. Do i need to request USCIS to withdraw my H4 visa? And how do i do that?

Thanks in advance.

[shervin143]

You cannot do anything now since your H4 got aproved after H1B approval. You should stop working immediately because working in H4 status is illegal. You have two options.

1) Ask your employer to file a COS from H4 to h1B immediately. You can begin working only after the COS gets approved. You can file it in premium and get the result within 15 days.
2) Leave the country, get the H1B visa stamped (if you don't already have one) and return back in H1B visa and begin working again.

[Modi]

You cannot do anything now since your H4 got aproved after H1B approval. You should stop working immediately because working in H4 status is illegal. You have two options.

1) Ask your employer to file a COS from H4 to h1B immediately. You can begin working only after the COS gets approved. You can file it in premium and get the result within 15 days.
2) Leave the country, get the H1B visa stamped (if you don't already have one) and return back in H1B visa and begin working again.

I would like to go with the first option. Can you tell me if the COS fee will be $290 (as found here https://www.uscis.gov/i-539) or will it be same as applying a new H1B visa (which costs around $4500 now)?

Thanks.

[shervin143]

It is definitely more than $290 + 1225 for premium. Check the USCIS.gov website for the latest processing fees.

I would like to go with the first option. Can you tell me if the COS fee will be $290 (as found here https://www.uscis.gov/i-539) or will it be same as applying a new H1B visa (which costs around $4500 now)?

Thanks.