H1B to H4 CoS approved by USCIS by mistake!


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

I filed the CoS application for my wife from H-1B to H-4 in Mar-2015. She was maintaining valid H-1B status while CoS was pending. Meanwhile, she had to travel out of country for family medical emergency from May to July. She returned to U.S. on H-1B status 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 country.

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 CoS 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 CoS is approved!!! I am not sure how come USCIS did not notice that she left the country while CoS was pending.

We think this CoS 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 CoS by mistake?

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



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