Urgent Help needed. Confusion in status - H4 or H1


nids

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Hi

I was working on L1 till Feb'2011. After leaving my job I applied for H4(since my husband is on H1) on Feb 28,2011 and got the receipt notice on March 1,2011. I got an offer for the job in April 2011 and employer filed for H1b transfer (I was already cap counted) on April 22,2011 under premium processing. On May 9, attorney received the approval notice for H1B. Till now my H4 was in pending state. But on May 16, I got the approval notice for H4 as well. I have to start my job from may 23. Can I start that? Is there some problem? If yes, then how can I proceed?

PS: I applied for H4 on Feb 28 when my husband was working with employer A. He got a new job with employer B and they filed for his H1B transfer. He started his new job from May 2 and my H4 was filed when he was working with employer A.

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Generally, the last action taken on an individual's case prevails. Thus, the last petition/application that is approved by the USCIS will govern one's status. Please schedule a consult with a qualified immigration attorney as soon as possible to discuss the specific facts of your case and to determine whether you are in H-4 status now. In addition, the attorney can advise on the best strategy to get back into H-1B status and to make sure you are not violating your current status.

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