H4 approved but withdrawal notice reached afterwards, is it invalid?


groo028

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A company had filed for my wife's H1B without change of status. While it was being processed, we applied for her H4 extension since her H4 was expiring on Jan 31st 2013.

Her H1B was approved but the company wrongly informed us that her status had changed and we should withdraw her H4 immediately.

We sent a request for withdrawal but that same day her H4 was approved (Feb 12th 2013). Two days later, the company told us that they were wrong and it was not a change of status H1B.

Even though the H4 was approved, is it still considered invalid because it was withdrawn?

Can we reapply for her H4 extension again? Is she considered out of status from Jan 31st 2013 to whenever we re-apply for her H4 extension?

Thanks!

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A withdrawal is typically effective upon dispatch of the request for withdrawal. Generally, a withdrawal has the effect of rendering a nonimmigrant without valid classification inside the United States. Certain corrective action may be necessary, and it is a good idea to schedule a consultation with a qualified immigration attorney to discuss next steps.

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