Withdraw H4 with valid H1B and ammendment still in processing

[johns01]

My friend is in a weird situation. He applied for H4 for personal reason while he still has valid  h1b and working. His employer has filed h1b amendment for the new project and client location due to a RFE from USCIS. Now there is change of plans and wants to continue working on h1b and he already sent a withdraw request to USCIS after a month. my question is :

 

1. Withdrawing h4 doesn't affect any thing, but approval will stop him working. Its already been a month and what are the fair chances of USCIS accepting his H4 withdraw request. he followed up with USCIS and Infopass but not much answer he could get.

 

2.If h4 is approved what should he be doing? Should he ask the current employer to file COS from h4-h1 ? can it be done in premium processing. How fast can he get back to work ?

 

Appreciate your response.

[jairichi]

1. He might be fine as he sent a request for withdrawal in a month. It takes 3 to 4 months to get approval.

2. Yes, he can ask his employer to file COS to H1B. For this employer has to pay H1B fee again. It can be done in PP and a decision is taken in 15 calendar days. Alternatively, he can exit and enter US with a valid H1B visa and I797.