H1-H4 EAD issue


vikas27

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Hello all,

 My wife received RFE for her h1b extension in first week of Sept of 2018. While we were working on replying to her RFE, we filed for h4/h4ead petition in parallel as her h1b was expiring on 9/30. Her H1B petition was approved on 11/20 and on 11/21, we sent h4 withdrawn petition to USCIS which was received on 11/22. Since then we haven't hear back from USCIS on the withdrawal request.  

 

  • My first question is: how much time does USCIS take to process H4 withdrawal? 

While we checked for her h4 petition status on USCIS website today, it said that her h4ead card is being produced and will be sent to our mailing address soon.

 

  •  Does this mean her h4 has been approved and she will lose her h1b status ? What should we do to ensure that her h1-b status is still valid?
  • Does she need to goto USCIS office or out of country for COS?

 

 

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  • 4 weeks later...
On 1/20/2019 at 11:05 PM, vikas27 said:

Hello all,

 My wife received RFE for her h1b extension in first week of Sept of 2018. While we were working on replying to her RFE, we filed for h4/h4ead petition in parallel as her h1b was expiring on 9/30. Her H1B petition was approved on 11/20 and on 11/21, we sent h4 withdrawn petition to USCIS which was received on 11/22. Since then we haven't hear back from USCIS on the withdrawal request.  

 

  • My first question is: how much time does USCIS take to process H4 withdrawal? 

While we checked for her h4 petition status on USCIS website today, it said that her h4ead card is being produced and will be sent to our mailing address soon.

 

  •  Does this mean her h4 has been approved and she will lose her h1b status ? What should we do to ensure that her h1-b status is still valid?
  • Does she need to goto USCIS office or out of country for COS?

 

 

Yes. H-4 has been approved. She will lose H-1 status. Employer needs to re file a new COS petition again. She can go out of country get H-1 stamp and come back.

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