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H4-EAD > H1 COS. Now H4 approved

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  • H4-EAD > H1 COS. Now H4 approved

    Hello everyone! Need help here!!

    Timeline:

    8/7/2020 - H1 extension submitted in PP along with H4 & EAD extension

    8/13/2020 - H1 approved

    11/20/2020 - Wife’s employer files H4 to H1 COS in PP
    11/24/2020 - H4 expired - wife stopped working

    11/25/2020 - Wife’s H1 COS approved. Restarted working on H1

    1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application

    7/1/2021 - H4 and EAD status appears approved on USCIS website

    Questions:
    1. What is my wife’s current status - H1 or H4?
    2. What happens to her H1 visa now that H4 is approved?
    3. Can she continue working on H4-EAD?
    4. Is there any chance that USCIS might process the withdrawal letter anytime in future? If yes, what happens next?

    Please advise!

  • #2
    Hi,
    Please see my response below.
    1. What is my wife’s current status - H1 or H4?
    Answer: I hope, It will be H1B only as she would have got H1B Approval with I-94 approval duration too.
    2. What happens to her H1 visa now that H4 is approved?
    Answer: H1B will be still valid.
    3. Can she continue working on H4-EAD?
    Answer: I don's think, She can as she got H1B Approval with change of status.
    4. Is there any chance that USCIS might process the withdrawal letter anytime in future? If yes, what happens next?
    Answer: Of course YES.. Most of the time USCIS will consider withdrawal request bit delay. So, since you already sent withdrawal request to them, you can wait for response on that request any time.
    Thanks

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