H1B Approval without I-94 and H4 with I-94


anu_963

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Posted

Hi

I need an advice, i filled my I-129 on June 4th and on October 26th my employer converted that on premium i am currently in US with my family on B1/B2 Visa, so at the time of converting my I-129 to Premium my attorney filled H4 for my Spouse and Daughter by filling I-539 for changing status from B1 to H4, i got my I-129 approval on Oct-29th along with I-539 Approved, but for I-539 they did change of status from B2 to H4 but on I-129 they have approved for Counslate processing.

Technically i guess USCIS can't approve I-539 Petition untill Primary applicant is not on Valid H1b Status and as still my status is not H1b is it possible they can do that.

I am confuse can anybody share some thoughts on this.

Posted

If it can not be done, the attorney would never filed and USCIS would never approved the petition.

Thanks for your reply but i guess you didn't get my question, my question is as a primary applicant my H1B approved for counslate processing where as my dependant got approved with I-94 so is that possible or it is an error on USCIS part. because if Primary is not in H1B status how can dependant be on H4 status...???

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