Need urgent help: I-539 approved by USCIS instead of marking it as abandoned

[heet_pink]

Hi,

 

I am in a very weird situation and I want to know what are my options here.

 

I filed the I-539 Change of Status application for my wife from H-1B to H-4 in March-2015. She never left the job and she was maintaining valid H-1B status while I-539 was pending. Meanwhile, she had to travel out of U.S. for family medical emergency from May-2015 to Jul-2015. She returned to U.S. on H-1B status in Jul-2015 and since then she was maintaining the H-1B status and earning salary. This month (Oct-2015) she again had to travel back to our home country for the family medical emergency and she is right now out of U.S.

She would be returning to U.S. in Nov-2015 (next month) and continue working for her employer.

 

Now the weird situation is, since she traveled out of U.S. (from May to July) while her I-539 was still pending, we thought that it would be considered abandoned by USCIS. However, I just got approval notice in mail today saying that her pending I-539 is approved!!! I am not sure how come USCIS did not notice that she left the country while I-539 was pending.

 

We certainly know that this I-539 is approved by USCIS in error. My wife wants to return to U.S. next month and continue with her current job on H-1B. What are our options here?

 

1. Can she just enter in U.S. since she already has valid H-1B visa?

2. Can she convince the officer at port of entry that the USCIS approved I-539 by mistake?

3. Does she need to re-enter in U.S. with H-4 visa now?

 

Thanks,

Ronak

[jairichi]

1. Yes.

2. Not required at all.

3. Value d H1B visa & I797.

Meanwhile contact USCIS & inform them of error.

[pontevecchio]

She can enter with the H1 visa and work in H1 status. The H4 status is irrelevant to her abroad.

[hmaster]

Just re-enter in desired status and she should be all set. Last action rule prevails.

 

PS: The COS that took place while your wife was away is technically invalid anyways.