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My H1b Is Approved And H4 Is Pending . What Are My Options

Discussion in 'Nonimmigrant Visa Applications' started by sammy86, Oct 6, 2016.

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  1. sammy86

    sammy86 New Member

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    Dear Ron,

    Today my H1B got approved(this year lottery).

    I also applied for H4 extension in May 2016 and it is still pending with USCIS, My I94 expired on 13 Sep2016.

    I want to know what are my options to maintain my H1B status:
    1) should I cancel the H4 extension request,, If yes then How ?
    2) In case I cancel H4 request, will I be out of status from ( 13 Sep to 06 Oct) ? if yes How to avoid it
    3) In case we don't cancel H4, will my status get change from H1 to H4 ?


    Please suggest.

    Thanks
     
  2. sammy86

    sammy86 New Member

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  3. Richard Harding

    Richard Harding Registered Users

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    Hello,

    USCIS will generally treat the last filed request as controlling. Because you requested to continue in H-4 status most recently, approval of that request would move you back into H-4 status. Because you have been granted a change of status to H-1B, that means USCIS has waived/forgiven any gap in status before that approval date. The pending H-4 extension is no longer needed to preserve status.

    Richard A. Harding
     
  4. sammy86

    sammy86 New Member

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    Does it mean "I will be back on H4"?

    As H1B was COS and H4 was filled as extension
    H1B filled in April -- got result in OCT
    H4 filled in May -- Still pending with USCIS

    Thanks
     
  5. Richard Harding

    Richard Harding Registered Users

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    Right, you would end up in H-4 status after the H-4 extension was approved.
     

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