mario Posted November 27, 2014 Report Share Posted November 27, 2014 My previous h1B I94 expiry date is 10/31/2014 H1b transfer was applied on 10/15/2014 and h4 was applied on 10/28/2014 and my h1b got approved on 11/18/2014 with I94 and then I applied for h4 withdrawal which was received by USCIS on 11/22/2014 ,the H4 got approved on 11/24/2014 but did not receive the petition notice yet. What should be my next approach to get back to h1 status? 1.Should I/employer call USCIS and ask to withdraw the h4 petition as the withdrawal request was received by the USCIS before the h4 approval? will my status get automatically reverted to h1b? 2. Should my employer has to apply for a change of status? 3.Should I go for h1 stamping? Link to comment
jairichi Posted November 27, 2014 Report Share Posted November 27, 2014 1. You can ask but it is going to take a good amount of time to get a response. Till that time a decision is taken by USCIS you are not allowed to work. 2. Yes, if employer is willing. 3. This is the easiest option. Link to comment
mario Posted December 1, 2014 Author Report Share Posted December 1, 2014 Based on H1 & H4 notices could you please tell me which status I am on whether H1 or H4? H1: Notice Date: 11/18/2014 and valid from 11/18/2014 H4: Notice Date: 11/24/2014 and valid from 11/15/2014 Link to comment
jairichi Posted December 2, 2014 Report Share Posted December 2, 2014 Based on H1 & H4 notices could you please tell me which status I am on whether H1 or H4? H1: Notice Date: 11/18/2014 and valid from 11/18/2014 H4: Notice Date: 11/24/2014 and valid from 11/15/2014 Since your H4 decision was the latest you are currently on H4 status. Link to comment
mario Posted December 2, 2014 Author Report Share Posted December 2, 2014 My Employer has called USCIS and they said my H1 & H4 both approved but my current approved status is H1b. They will will process H4 withdrawal letter once they get to it. Meanwhile I am taking a Infopass appointment to confirm my status (2nd check). Link to comment
mario Posted December 2, 2014 Author Report Share Posted December 2, 2014 I read on the web that as per Last Action Rule Effective date (valid from) will take precedence no matter whatever is the approval date (Notice date). Based on the Last Action Rule rule am I on H1b status? please clarify. H1:Notice (Approval) Date: 11/18/2014valid (Effective) from 11/18/2014 H4:Notice (Approval) Date: 11/24/2014valid (Effective) from 11/15/2014 Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.