F1 Terminated when a old pending H4 application got approved

[vivek107]

In May 2013, my previous employer filed for H1B and H4 extension for us. 

In June 2013, I was laid off and the new employer filed for H1B and H4 for us in premium processing both of which got approved within two weeks.

In July 2013, my wife got her I-20 from a reputed university for a 9 months course. She traveled to India and came back to US within a week after getting her F-1 stamped.

 

I am not sure if my previous requested USCIS to withdraw the original application for H1B/H4. I believe that the employer has legal obligation to notify USCIS to revoke H1B upon my termintation of employment. Further, I believe that the application for H4 extension should have been automatically cancelled as my wife left US in July.

 

In Nov-2013, both H1B and H4 extension filed by previous employer also got approved. We were unaware of these approvals and traveled to India in late November. When my wife returned to US after a week, she was held by Custom & Border Protection saying that her F1 had got terminated because of the H4 approval. Her university helped us and Custom & Border Protection allowed her to enter on F-1 on form 515A, after a new SEVIS was generated for her.

 

1. Is it not the responsibility of the my previous employer to revoke H1b/H4 applications?

2. When my wife left US in Aug, shouldn't her H4 extension application have automatically cancelled. Why was it still approved?

3. Is there a way that this H4 approval be revoked, and her original Sevis be reinstated. Her course ends in May. According to the new Sevis, her F1 status will look like to be only for 6 months.

 

Thanks,

Vivek

[t75]

Your employer is not responsible for H4. Many deal with them as a courtesy to their H1B employee.