URGENT: H4 to H1B and possible H4 again

[RBS_123]

I was in H4 visa till October, 2013. I got my H1B in October, got SSN and working and getting paid.

 

But before my H1 approved, my husband applied his H1 extension along with my H4 extension. My husband got RFE and his employer replied and his application status shows RFE in response. My H4 application shows in initial review.

 

I have sent an application to withdraw my H4 but still not reflected in USCIS site.

 

Question: What will happen to my H1 if my H4 gets approved? Which will be my latest status and where can I verify if I am in H1 or H4? Will USCIS inform my H1 employer about my change of status or it will be automatically revoked or cancelled? if it it not revoked or cancelled, can I apply for H1 again under cap exempt?

 

what is the fastest way to withdraw my H4 application? Please suggest me.

 

Thanks.

[jairichi]

I was in H4 visa till October, 2013. I got my H1B in October, got SSN and working and getting paid.

 

But before my H1 approved, my husband applied his H1 extension along with my H4 extension. My husband got RFE and his employer replied and his application status shows RFE in response. My H4 application shows in initial review.

 

I have sent an application to withdraw my H4 but still not reflected in USCIS site.

 

Question: What will happen to my H1 if my H4 gets approved? Which will be my latest status and where can I verify if I am in H1 or H4? Will USCIS inform my H1 employer about my change of status or it will be automatically revoked or cancelled? if it it not revoked or cancelled, can I apply for H1 again under cap exempt?

 

what is the fastest way to withdraw my H4 application? Please suggest me.

 

Thanks.

If your H4 extension gets approved after H1B approval then as per last action rule you will be on H4 status. USCIS will not be informing your employer about this. After H4 extension approval to stay on H1B you have to exit and enter US with a H1B visa or employer applies again for change of status from H4 to H1B. 

[pontevecchio]

Wait and watch. Keep your employer in the loop. Book a visa appointment for the H1 visa in Canada and if the H4 is still approved you can leave and return with the H1 visa. Your 6 years of H1 remain yours.

[RBS_123]

Last night,  12/23 my H4 got approved. My H4 withdrawn application reached in USCIS yesterday 12/23 morning but it does not show in USCIS system with withdrawn information.

 

Q1. Since the last rule applies, what will be status after H4 withdrawn? Will be in H1 or out of status?

Q2. Can I continue to do the job in my H1?

Q3. Can I send another application to hold on my Withdrawn oh H4 so that I will continue to stay in H4. After that I will ask my H1 employer to apply my H1b with cap exempt.

 

Please suggest me.

 

 

[pontevecchio]

Please read my post again. Why do you assume a H1 visa is a problem.?

[jairichi]

Last night,  12/23 my H4 got approved. My H4 withdrawn application reached in USCIS yesterday 12/23 morning but it does not show in USCIS system with withdrawn information.

 

Q1. Since the last rule applies, what will be status after H4 withdrawn? Will be in H1 or out of status?

Q2. Can I continue to do the job in my H1?

Q3. Can I send another application to hold on my Withdrawn oh H4 so that I will continue to stay in H4. After that I will ask my H1 employer to apply my H1b with cap exempt.

 

Please suggest me.

1. From 12/23 you are on H4 status. Now, there is no withdrawal of H4 petition as it is approved.

2. Nope, you have to stop working for H1B employer immediately.

3. Whenever you want to move to H1B either you exit and enter US on H1B visa or employer applies for COS from H4 to H1B.