Ram12341 Posted May 5, 2022 Report Share Posted May 5, 2022 My spouse is on F1 stem OPT which ends on July 8,2022. Oct 27,2021 - Filed for H4-COS and H4-EAD with effective date from July 8,2022(stem Opt end date) Feb 2,2022 - Received RFE on H4 COS and we did not respond to RFE to wait for H1 B lottery results Mar 28,2022 - F1-H1B COS picked in lottery May 3,2022 - F1-H1B COS approved with start date as Oct 1,2022 May 3,2022 - Submitted withdrawal request for H4 COS May 4,2022 - H4 and H4 EAD approved even though we did not respond to H4 RFE Can someone please clarify below queries? Do USCIS consider H4 withdrawal request since it is already approved? If the F1-H4 COS withdrawal request is approved by USCIS before Jul 8,2022(Stem Opt end date), what status will she be in? will she go back to previous F1 status? If the F1-H4 COS withdrawal request is approved by USCIS after Jul 8,2022(Stem Opt end date),will she be eligible to work under F1 capgap? Quote Link to comment
Zodiac System Posted May 6, 2022 Report Share Posted May 6, 2022 (edited) She should be eligible to work under CAP GAP. (USCIS has a heavy backlog and running behind. By the time USCIS responds to your H4 COS Withdrawal request, it will already be October 01, 2022) Edited May 6, 2022 by Zodiac System Quote Link to comment
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