Both H4 extension and H1B approved on same day

[sarayu07]

Hi

Timelines:
1. H1B petition filed in 2017 when I was in India
2. Travelled to USA on H4 in 2018 after marriage (visa and i-94 valid till Sep 2020)
3. After RFE, MTRs,, blah blah my long awaited H1B petition got approved in Dec 2019 (i-797B without i-94)
4. I didn't travel to India to get my consular approved visa stamped because of COVID pandemic
5. So we have filed my H4 extension in May 2020
6. While my H4 extension is in process, one of the companies (my employer) was willing to sponsor and has filed COS (H4 to H1B) in cap-exempt category and H1B visa got approved on Apr 15th 2021 (i-797A with i-94 [valid from Apr 2020 til Feb 2024]), Interestingly on the same day, my H4 extension got approved as well (i94 valid from Sep 2020 till Aug 2022). 
 

I confirmed with my attorney that I'm on H1B status as my COS got approved and they suggested to withdraw my H4 just to be safer.

i-94:
1. Initial (approved in Aug 2018) - valid from Aug 2018 till Sep 2020 
2. Next (approved on Apr 15th 2021) - H4 i-94 valid from Sep 2020 till Aug 2022, H1B i-94 valid from Apr 2021 till Feb 2024

If I withdraw H4 now, will be treated as out of status candidate for this period (Sep 2020 till Apr 2021)? Will that affect any future extensions/i-140 processing in any way?

 

Thanks in advance!!

[shekar11#]

On 5/4/2021 at 11:04 AM, sarayu07 said:

Hi

Timelines:
1. H1B petition filed in 2017 when I was in India
2. Travelled to USA on H4 in 2018 after marriage (visa and i-94 valid till Sep 2020)
3. After RFE, MTRs,, blah blah my long awaited H1B petition got approved in Dec 2019 (i-797B without i-94)
4. I didn't travel to India to get my consular approved visa stamped because of COVID pandemic
5. So we have filed my H4 extension in May 2020
6. While my H4 extension is in process, one of the companies (my employer) was willing to sponsor and has filed COS (H4 to H1B) in cap-exempt category and H1B visa got approved on Apr 15th 2021 (i-797A with i-94 [valid from Apr 2020 til Feb 2024]), Interestingly on the same day, my H4 extension got approved as well (i94 valid from Sep 2020 till Aug 2022). 
 

I confirmed with my attorney that I'm on H1B status as my COS got approved and they suggested to withdraw my H4 just to be safer.

i-94:
1. Initial (approved in Aug 2018) - valid from Aug 2018 till Sep 2020 
2. Next (approved on Apr 15th 2021) - H4 i-94 valid from Sep 2020 till Aug 2022, H1B i-94 valid from Apr 2021 till Feb 2024

If I withdraw H4 now, will be treated as out of status candidate for this period (Sep 2020 till Apr 2021)? Will that affect any future extensions/i-140 processing in any way?

 

Thanks in advance!!

Best thing is stay in touch with attorney and see what can be done. You will not be out of status as your H-4 application was pending at that time.