mario Posted December 12, 2014 Report Share Posted December 12, 2014 My Previous H1b i-94 expired on 10/31/2014.My Employer applied for H1 Transfer on 10/23/2014 which was approved on 11/18/2014 with 11/18/2014 effective date.Also in Parallel we applied COS to H4 on 10/28/2014. After H1 Approval we sent H4 withdrawal letter which was received by USCIS on 11/22/2014 and on 11/24/2014 USCIS approved the H4 COS with 11/15/2014 effective date.I called USCIS and they said they are going to process my H4 withdrawal.After USCIS withdraw my H4 petition will I automatically get H1b status or I will be out of status?How do I request USCIS send me my current status in writing? Link to comment
JoeF Posted December 13, 2014 Report Share Posted December 13, 2014 Nothing will be automatic. You would be out of status. Stuff is messed up in your case. Talk with a lawyer. Link to comment
mario Posted December 15, 2014 Author Report Share Posted December 15, 2014 Thanks JoeF. What will happen in the below scenario: If my employer apply COS from H4 to H1b (and during my H1b COS is pending or after it got approved) then USCIS withdraw my h4 will I be out of status? Which date will be considered for h4 withdrawal? actual processed date by USCIS or the day of the withdrawal letter received by USCIS? Link to comment
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