H4-H1-H4 status question

[Indirakari]

I got H4 and H4 EAD approval on May 18th.  An employer filed for H1  before H4 got approved. Once H4 EAD is approved, he sent H1B withdrawal notice immediately.  But H1B got approved before withdrawal notice is processed. Once withdrawal notice is processed, will I  go back to H4?  What will b my status once H1B is withdrawn?

[shekar11#]

3 hours ago, Indirakari said:

I got H4 and H4 EAD approval on May 18th.  An employer filed for H1  before H4 got approved. Once H4 EAD is approved, he sent H1B withdrawal notice immediately.  But H1B got approved before withdrawal notice is processed. Once withdrawal notice is processed, will I  go back to H4?  What will b my status once H1B is withdrawn?

You will not be back on H-4 automatically. Better to go out of country and come back on H-4. I am thinking you will be out of status if the approved H-1 is withdrawn. Will wait for others to reply.

[pontevecchio]

In addition to what Shekar said, you may be able to use the same EAD as you will return based on the same H1 petition involved based on which you got H4 status.

[Indirakari]

3 hours ago, shekar11# said:

You will not be back on H-4 automatically. Better to go out of country and come back on H-4. I am thinking you will be out of status if the approved H-1 is withdrawn. Will wait for others to reply.

Thanks for the reply. If H1 is withdrawn, will I get 2 month grace period since this is a brand new H1B?

[pontevecchio]

Is this your first H1?

Were you subject to the cap?

[Indirakari]

On 6/2/2018 at 10:02 AM, pontevecchio said:

Is this your first H1?

Were you subject to the cap?

This is not my first H1.

I have approved I-140, I guess I will not subject to cap.

[Indirakari]

Today I went to USCIS Infopass, the representative clearly said after approved H1 is withdrawn, my status will fall back to previous status i.e, H4 as long as my husband still has valid H1. It is totally legal to stay and work on H4 EAD. However, it is recommended to go out of the country and come back with H4 visa stamp so that the system which maintains H4(it seems H4 go to different system and this will get updated only at Port of entry based on visa stamp. 

[vsk417]

Oh Ok. If possible try to get something in written from them.

I was researching about similar issue. Looks like it's a grey area legally.Some attorneys say yes, you will be defaulted but some say no, you have to file COS.

 

By the way, if you are interested in stamping,I just saw a post in which using AVR rule, that person got the stamp very quickly/easily.See below link.That might be helpful in your situation.