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What Is My Current Status H1 Or H4

Discussion in 'Nonimmigrant Visa Validity' started by mario, Dec 3, 2014.

  1. mario

    mario New Member

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    My Previous H1b i-94 expired on 10/31/2014.
    My Employer applied for H1 Transfer on 10/23/2014 which was approved on 11/18/2014 with 11/18/2014 effective date.
    Also in Parallel we applied COS to H4 on 10/28/2014. After H1 Approval we sent H4 withdrwal letter which was recieved by USCIS on 11/22/2014 and on 11/24/2014 USCIS approved the H4 COS with 11/15/2014 effective date.
    My Employer has called USCIS and they said my H1 & H4 both approved but my current approved status is H1b. They will will process H4 withdrawal letter once they get to it. Meanwhile I am taking a Infopass appointment to confirm my status.
    I read on the web that as per Last Action Rule Effective date (valid from) will take precedence no matter whatever is the approval date (Notice date). Based on the Last Action Rule rule am I on H1b status?
    H1:
    Notice (Approval) Date: 11/18/2014
    valid (Effective) from 11/18/2014
    H4:
    Notice (Approval) Date: 11/24/2014
    valid (Effective) from 11/15/2014
    please clarify:
    1. What is my current Status?
    2. Since we sent withdrwal letter before to H4 approval will that H4 will be withdrawn?
    3. What will be my status after H4 is with drawan by USCIS?
    4. If H4 is with drawan by USCIS what will be my status from 10/31/2014 to 11/18/2014?
    5. Do I get any confirmation from USCIS that I am on H1b valid status from 10/31/2014?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Based on what I see, you are an H1B. Forget about the "last action rule" - it's a myth.
     
  3. mario

    mario New Member

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    Thanks Ron.
     
  4. mario

    mario New Member

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    I called USCIS and they said they are going to process my H4 withdrawal.
    After USCIS withdraw my H4 petition will I automatically get H1b status or I will be out of status?
    How do I request USCIS send me my current status in writing?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If is withdrawn before they make a decision on it, you will retain your existing status.
     
  6. mario

    mario New Member

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    USCIS already approved my H4 petition, So, I won't get H1b status automatically if they withdrawn by H4 petition?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not unless you do some fast talking. You are an H4. The only way you can go back to H1 is to file a new H1 petition.
     

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