H4 extension approved after H1B approval

[praveenpa]

Hello Sir,

 

My wife came to US on H4 during the month of Apr 2013. She filed her H1B as soon as she arrived here. Meanwhile I had to switch company, and my new employer filed a H1B transfer. My new employer also applied H4 transfer for my wife and kid, because we didnt have any update on my wife's H1B. Within a couple of days, her H1B got approved on Sep 24th. So my new employer informed USCIS about withdrawing the H4 extension for my wife. They confirmed that it will be taken care of. My wife got a job on H1B, and she is starting work next week. We have now received a mail USCIS that H4 extension is approved.

 

I'm not sure, what is the status of her H1B now.

 

Is she legally authorized to work here?

 

Can this H4 extension be revoked, because when the extension was filed, she was on H1?

 

Appreciate your time and response.

 

Thanks much!!

 

Praveen

[jairichi]

Hello Sir,

 

My wife came to US on H4 during the month of Apr 2013. She filed her H1B as soon as she arrived here. Meanwhile I had to switch company, and my new employer filed a H1B transfer. My new employer also applied H4 transfer for my wife and kid, because we didnt have any update on my wife's H1B. Within a couple of days, her H1B got approved on Sep 24th. So my new employer informed USCIS about withdrawing the H4 extension for my wife. They confirmed that it will be taken care of. My wife got a job on H1B, and she is starting work next week. We have now received a mail USCIS that H4 extension is approved.

 

I'm not sure, what is the status of her H1B now.

 

Is she legally authorized to work here?

 

Can this H4 extension be revoked, because when the extension was filed, she was on H1?

 

Appreciate your time and response.

 

Thanks much!!

 

Praveen

According to last action rule your wife is on H4 status now. I believe either she has to leave US and enter with a H1B visa or her employer applies for a COS from H4 to H1B 

[rams_135]

If your wife's latest approval is H4 ,then she is on H4 visa only.If you can go to local USCIS office,ask the immigration officer ,they will tell u about your wife's current status...