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H1 and H4 both approved

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  • H1 and H4 both approved

    Hi,

    My H1 got approved on 11th sep effective immediately.
    Parallely my husband's company had filed H1 for him and H4 for myself which got approved on 24th sept effective Oct 1st 2012.
    24th sept morning My Husband's company's attorney sent the mail to USCIS for withdrawl of H4 petition.

    My Question:
    1. As of Oct 1st 2012, would I be on H4 status now?
    2. Would USCIS consider the withdrawl application since it was sent the same day H4 got approved?
    3. What is the path forward for me to maintain H1 status?

    Please help!! I'm really worried.

  • #2
    Originally posted by tester15 View Post
    Hi,

    My H1 got approved on 11th sep effective immediately.
    Parallely my husband's company had filed H1 for him and H4 for myself which got approved on 24th sept effective Oct 1st 2012.
    24th sept morning My Husband's company's attorney sent the mail to USCIS for withdrawl of H4 petition.

    My Question:
    1. As of Oct 1st 2012, would I be on H4 status now?
    2. Would USCIS consider the withdrawl application since it was sent the same day H4 got approved?
    3. What is the path forward for me to maintain H1 status?

    Please help!! I'm really worried.
    Its one of the confusion that happens when you have multiple status updates filed at the same time. There is lot of ambiguity around the last action rule. The only sure shot fool proof way to be on H1 post 01 Oct 2012 is to leave US and re enter on H1 visa. This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Its one of the confusion that happens when you have multiple status updates filed at the same time. There is lot of ambiguity around the last action rule. The only sure shot fool proof way to be on H1 post 01 Oct 2012 is to leave US and re enter on H1 visa. This is my opinion not legal advice.
      Thanks Raghvi.
      The travel should also be before Oct 1st or it can be after that also?
      Also, is there no other way to be back on H1?
      USCIS would not consider the withdrawl application?

      Comment


      • #4
        Same issue..pls help

        Hi tester15,

        My wife is in exactly the same situation. Her H1 got approved with COS (L2 to H1) on May 15th and then her H4 with COS (L2 to H4) got approved on June 15th. So as per the last COS rule, she will be in H4 status from Oct 1st.
        We have been advised to submit an application to USCIS asking them to cancel the approved H4 with COS.

        Since you have been in the same situation, can you pls let us know what you did about it and if USCIS did consider cancellation of an approved H4 with COS?

        Your help os greatly appreciated and it will help us a lot.

        Thanks.

        Comment

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