H4 approved after H1

[nkarthik83]

My wife's H1 got approved(with COS) with a start date of Oct 1, 2013. Since her H4 status was expiring in Jul 2013, an extension for her H4 along with my H1 was filed during April 2013. Since the H4 didn't get approved, my lawfirm sent a H4 withdrawal letter to USCIS on Sep 30th (because my wife wanted to be in H1 status starting Oct 1st). However her H4 got approved on Oct 3, 2013 (with dates Jul 2013 to Jun 2016).  

1) Will she be able to work under H1 given that we sent a letter to USCIS to withdraw her H4 application? The letter via FedEx reached USCIS on Sep 30th.

2) Will she be able to obtain SSN by providing her H1 approval (after the government reopens)?

 

Thanks in advance for your time and reply.

[pontevecchio]

Your law firm is best placed to opine. She may have to leave and return with the H1 visa. It involves 2 things

 

1. What does the firm want?

 

2. The best way out is getting the H1 visa or refilling a H1 petition which seems bound for delay and hence not an option.