need help on cos h4 to h1(cap-exempt)

[roni23]

Hi,

my h1b got approved in 2017 and within a month i travelled out of the country.Due to some reasons my employer revoked my H1B.I came back on h4 as my spouse has H1B.My spouse applied h1b extension along with my h4 extension in premium processing in month of june 2019.H1B approval came on first week of july 2019. H4 (not ead)extension still pending and gave the biometrics on 22nd of july 2019.I have following questions:

1.I applied COS h4 to h1 on 9th july 2019 in pp after applying h4 extension.I got the approval for cos h4 to h1b on 14th aug 2019.my question is what will be my status ones h4 get approve?h4 starting date will be 8th aug 2019,and got cos h4 to h1 approval on 14th aug 2019.

2.upon h4 approval my status wiil be h4 again or it's h1b?it's out of cap case as i am recapturing my h1b.

i heard that its automatically converted on h1b ones cos approve and you are no longer on h4 even h4 extension is pending

 

please let me know the what status will be consider ones h4 approval come?

 

need immediate output on this!

 

[roni23]

Please advice me on this issue..

[Gaara]

I think you are currently in H1b status. You should withdraw your pending H4 from USCIS by sending them a letter. You need to do this urgently before any action can be taken on your case. If your H4 gets approved now, then you will be back in H4 status due to last action rule (that is whichever application gets approved last, will be your status).

Also, you mentioned you got the COS approved, did you get the approval notice from employer in post and does it have the I94 (in which case you are in H1b now). Please note I am talking about a hard copy I797 A and not the soft copy which comes in email since its a PP case.

[roni23]

Yes I received hard copy of i797.it has updated i94 with start and end date