H1B approval got nulled by H4 ?


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I was previously on H4 and H4 EAD (sponsored by my husband's H1B) which was valid till Feb 2022. My husband changed Jobs (Job-1) in July 2020 and they applied for H4 extension, although it never got approved due to processing delays. He changed jobs (Job-2) again in March 2021 and reapplied for H4 extension. 

I received my H1B through my employer in March 2021 valid through 2026. He asked his current company to withdraw H4 and is under processing by USCIS. The Job-1 company never applied for withdrawal after he left the company and that approval came in last week (valid from July 2020 to July 2023).

1) Does this mean that my H1B (3/2021 to 2026) got superseded by the H4 approval even though the validity start from July 2020 by got approved last week ?

2)If yes, can I continue working with previous H4 EAD which is valid till Feb 2022 ? 

3)Will my current company have to refile an H4 to H1B COS ?

Any guidance will be greatly appreciated. We just want some insight urgently on this on how to proceed. Thank you.

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You very well know that approval through Job-1 is in error, and you should not use it because primary beneficiary is no longer working at Job-1.

you should only consider your H1 as your current.

On 7/29/2021 at 1:24 PM, Maya_141231 said:

He asked his current company to withdraw H4 and is under processing by USCIS

once you apply to withdraw your petition, consider this as you telling USCIS that you no longer need that benefit, any approval comes after that should be considered in error. 

On 7/29/2021 at 1:24 PM, Maya_141231 said:

We just want some insight urgently on this on how to proceed.

your company's attorney who applied for your H1 should be able to help you clearing the mess. 

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