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H1 and H4 Approval dates OVERLAP

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  • H1 and H4 Approval dates OVERLAP

    Hi,

    My wife is working in H1B which is expiring this year end and since that's her max-out we applied for H4 and EAD after confirming with her Employer. Filed on Apr 12 2023 and received approval for both on May 30 2023 from Texas Service Center.
    The problem is that the dates on the H4 Approval notice is from 02/28/2022 until 2025 (which is same as my (Primary H1B's) original H1B Approval date). Since they have given a 14 month backdated approval, would it cause any issue by having the new H4 overlap with the previous H1 for these many months?

    Thank you!​
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  • #2
    The situation you described, where the H4 approval notice is backdated to a date before the application was filed, is unusual and may warrant further clarification from the relevant authorities. Here are a few points to consider:
    1. USCIS Contact: It may be helpful to contact the United States Citizenship and Immigration Services (USCIS) to inquire about the backdated approval notice for the H4. You can explain the situation and seek clarification on whether this was an error or intentional.
    2. Immigration Attorney: Consulting with an immigration attorney who specializes in H1B and H4 visas can provide valuable advice specific to your situation. They can assess the details of your case and guide you on the best course of action.
    3. Validity Dates: Typically, an H4 visa is dependent on the primary H1B visa holder's status. If the H4 approval notice overlaps with the previous H1B approval dates, it could potentially raise questions regarding status and legality. It's important to clarify this discrepancy and ensure compliance with immigration regulations.

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