H4 to H1B and back to H4

[Pavithra Venkatesan]

My spouse is on H4 (with EAD) and has her I-539 petition approved from 09/30/2024-09/29/2027. Concurrently, her employer filed for an H1B for her and it was approved too, and she got an I-797A from 10/01/2024 to 09/30/2027.

She quit her employment on Aug, 16th and wanted to go back to H4. Her employer will be revoking her H1B.

Do we need to file for another H4/EAD to reinstate her previous status? Her previously approved H4 petition now shows. What are the options she has now to go back to her H4?

 

August 22, 2024

Case Was Transferred And A New Office Has Jurisdiction

[pontevecchio]

Is this about a 3 year extension of H1 and H4?

Does she have a H4 visa? More specific details of the situation will help.

 

[Zodiac System]

If her H4 and H4 EAD is not yet withdrawn, and her boss is revoking her H1b, I believe she would be H4, H4 EAD from September 30 onwards. (This is a date in the future).

Good Luck.

Edited September 9 by Zodiac System

[Pavithra Venkatesan]

See below

Edited September 9 by Pavithra Venkatesan

[Pavithra Venkatesan]

Yes. She has a valid H4 visa stamped on her passport until 09/29, and also has an extension approved from 09/30/24 to 09/29/27. Her H1B got approved in the lottery this year, but then she quit on Aug 16th from her job. Her company will be withdrawing the H1B(we don't have a timeline when this will be done).  However, now with the H1B approval, the H4 extension petition (which was previously approved) shows as of August 22, 2024, Case was transferred and a new office has jurisdiction.

I assume, since the H1B is effective 10/01, it would be her status going into October. The question is how she can safely switch back to H4 from her H1B while being in the US. Should we file another I-539 COS to reinstate her H4 status?

 

Edited September 9 by Pavithra Venkatesan

[pontevecchio]

Once she resigned, she continued to be in H4 status. Since the H1 approval is the last action, she needs to stay away from the country on or after October,1and return on the H4 visa and your approved H1 Petition. This is the fastest way to avoid confusion and get back into H4 status. You do understand the H1 Petition is gone and in future she will be again subject to the cap should she want to get a H1.