H4 visa approval came after entering US on F-1 Visa


Parth Sharma

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Hi Team,

So My wife came to US in March on H4 visa sponsored by ABC firm. In april, I switched Job to different XYZ firm and they filed for her H4 EOS. In August my wife went to home country and get her F-1 visa stamped and entered US in September on F-1 Visa and her H4 EOS was still pending. I informed my attorneys at XYZ firm of this new situation and they filed for withdrawal of her H4 EOS in October and same day of filing withdrawal they received H4 EOS approval i.e. 14th October. So we are not sure if she is on F-1 visa or H4 visa now.

Also once they receive withdrawal confirmation will that leave her with no status in US.?

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  • 4 weeks later...

For individuals who enter the US in F-1 status and subsequently have an extension of status in H-4 approved, there are arguments for why that individual could be in either status.

USCIS has a final action rule, which states that the last action taken by the government controls what status a noncitizen holds in the United States. In this case, the last action would be the H-4 extension of status approval that arrived after the individual entered the US. Thus, according to the last action rule, the individual would hold H-4 status.

On the other hand, the individual could make the argument that a person cannot extend a status that they no longer hold. In this case, if the individual entered on F-1 status, how could they extend H-4 status? The argument would be that they cannot, and thus, the individual is in H-4 status.

In short, this is a gray area and you should contact an attorney to consult about the specifics of your case. It is often best to be conservative in immigration law and therefore, you should speak directly with an immigration attorney.

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