H1B Approved and H4 extension pending after I94 expiry

[happytohelp]

Hi All,

We had applied for my spouse's H1b extension and mine H4 extension in Sept 2018, and it is yet pending with USCIS. Currently our I-94 has been expired in mid Sept 2018. My employer (I was working on EAD) had applied for my H1B in the month of April 2018 which got approved today.

However, my H1B approval dates are from 2nd January 2019 to May 2021. I am wondering what will be my status from mid Sept to Dec as my I-94 was expired then and my H4 extension was pending.

Also, do we need to revoke H4 extension pending application so last action rule should not get applied, in that scenario what will happen for my status between Sept to Dec while I was awaiting for approval.

Please assist if someone had similar condition.

[shekar11#]

19 hours ago, happytohelp said:

Hi All,

We had applied for my spouse's H1b extension and mine H4 extension in Sept 2018, and it is yet pending with USCIS. Currently our I-94 has been expired in mid Sept 2018. My employer (I was working on EAD) had applied for my H1B in the month of April 2018 which got approved today.

 However, my H1B approval dates are from 2nd January 2019 to May 2021. I am wondering what will be my status from mid Sept to Dec as my I-94 was expired then and my H4 extension was pending.

Also, do we need to revoke H4 extension pending application so last action rule should not get applied, in that scenario what will happen for my status between Sept to Dec while I was awaiting for approval.

Please assist if someone had similar condition.

Contact your employer's attorney. He will be able to assist you.

[happytohelp]

So I received response from my employer confirming that as I was in  legal status at the time they filed the H-1B cap case. Moreover, I did receive new I-94 so I am in good position.

Now, either I or spouse's employer needs to withdraw H4 extension else it will override H1B decision due to last action rule....