H1 to H4 transfer confusion


malimurthy

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Hello,

My wife was working in H1-B, and she wanted to quit so we filed for H4 (I539) in April 20.

Before submitting resignation, her manager called and suggested there is a new project and we should hold on, so we withdrew our H4 application April 30 and decided to stay on original H1-B which is expiring Jun 17. The company processed payroll in this period.

However, the project got delayed and did not happen till jun 15. So we called USCIS if we have to file H4 again, the representatives said hold on till we get a notice from them. We got the notice that the withdrawl is complete and we can file H4 again on Jul 22 and we filed immediately and now we have H4 pending.

Can you explain is she out of status now.

We are also in the process of filing I-140/485 now, will this confusion affect that?

Thanks for your clarification.

Regards,

Mali

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