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

[anu_963]

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.

[krialta]

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

[anu_963]

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...???

[pontevecchio]

Call the Lawyer involved in the PP and ask him.