H1B: H4 issues

[Sumati Kalla]

My name is Sumati.

I came to US on a H4 last year and got my H1 approved on November end  last year.

As my H1 approval was getting delayed i applied for my H4 extension as well, as it was due to expire in Dec-13.

 

I got my H4 extension approved in March 1st week 2014.

 

I started working on H1, as soon as i got my SSN in Feb-14.

I showed my H1 documents in DMV and wrote my written Test in April.

 

But last week when i approached the DMV again for Driving Test they stated that my USCIS status is shown as H4.

 

Can you please let us know whether the mistake is from USCIS end, or do i need to file any documents to USCIS, to update their records.

 

2) What about my Son. When we applied for H4 extension, his name and my name both were in one document only(I-797B).

Do i have to prepare any dcoumentation in his case.

 

Please let me know what needs to be done from my end.

 

Thanks

 

[jairichi]

USCIS has done no mistake. According to last action rule since your H4 extension was approved after H1B approval you are on H4 status from March 1st week 2014. To move to H1B you need to exit and enter US with a valid H1B visa and I797.

[JoeF]

The last action rule applies. When the H4 got approved, your status changed to H4. You have been working illegally since then.

 

Oh, and you even were out of status on H1. You don't need to have an SSN yet to start working. By not working, you violated the H1 status.

 

You need to see a good immigration lawyer ASAP.

[pontevecchio]

You should talk to a Lawyer as you seem to be in H4 status now and should not be working. In order to work you will need to leave and return with a H1 visa.