Ext Urgent - COS to H4 and H4 EAD approved, but previously sent an Application Withdrawl

USA H1B Visa
1

Hello Team,

Please reply to the below ASAP.

My wife is working on H1B (has approval till 2019) and she got approval for COS H4 and H4 EAD on May 11.

But we sent out a withdrawal application on May 3, 2016 for COS.

  1. Is there any possibility to cancel the withdrawal application as we still receive the withdrawal receipt, if my wife wants to continue in H4 EAD?

  2. What will be her status after Withdrawal from USCIS?

  3. What will happen after withdrawal of COS H4 and H4 EAD? Can she continue working on Previous H1B?

  4. Now that her H4 EAD is approved can she continue working for the same employer on H4 EAD.

Please let me know soon.

Thanks,

Vijay

2

Hi Vijay,

Sorry about the stress you both are going through but at least it is good stress. There are 3 requests to look at (1) H-4 COS and H-4 EAD approval request, (2) Withdrawal of H-4 COS and H-4 EAD request (3) Cancellation of previous withdrawal request

#1 Yes your withdrawal cancellation request will be honored, just send it to same office. If a fee was paid for the withdrawal cancellation request, let USCIS know that you have also cancelled that check. Involve a lawyer so the right language can be used - he will charge you something for the letter.

#2 If withdrawal goes into effect, she continues in H1B status but your second request is a long process and will likely be denied because H-4 EAD after issue is now a Department of Labor document. This is a good thing but you must follow up with a cancellation of withdrawal request as stated in #1.

#3 yes, H1B continues as before

#4 yes, H-4 EAD is an ‘eligible to work in the US for any employer’ document

Best wishes

Dr. Sandeep Shankar, wwwDOThopeforhumanityglobalDOTorg

3

Thanks a lot for the information and quick response.

4

Can you please let me know the update… because i am on the same boat.

5

My h4 withdrawal got approved as I am on h1 so no issues.

6

Thank you for your quick reply. I am on the same boat where my COS to H4 got approved and then withdrawn a week later. My attorney said i will be fine to continue on my H1. Did you have your h1b stamped which is valid till 2019 (before applying for cos?) But i am still worried if i will have issues while extension or stamping. Did you happen to go stamping after this or applied for extension??

7

Hi Vijay,

I am in similar situation.Appreciate if you can help with below:

a).Did you send the withdrawal cancellation letter to cancel the withdrawal of H4.H4 EAD? OR did you justs ent only the first withdrawal letter and did not send the cancellation letter for the withdrawal letter again?

b).I assume finally you continued on H1 after USCIS withdrawn the approved H4/H4EAD.Is that correct?

c).So in your scenario,USCIS first approved H4/H4 EAD (even after sending the withdrawal letter),but later withdrawn the H4 and H4 EAD after processing your withdrawal letter and you remained on H1B by default since you continue working on H1B after sending the withdrawal letter.Is that correct? Are you abel to see the withdrawal status online for H4/H4 EAD case?How much time it took for them to withdrawal H4/H4 EAD and are you continuing to work in that time from approval to withdrawal of H4/H4 EAD?

d)Did you face any issues later while traveling abroad/visa stamping or extensions/transfers due to this withdrawal?

8

Hi Sri0187,

I am in similar situation.Appreciate if you can help with below:

a).Did you send the withdrawal cancellation letter to cancel the withdrawal of H4.H4 EAD?

b).I assume finally you continued on H1 after USCIS withdrawn the approved H4/H4EAD.Is that correct?

c).So in your scenario,USCIS first approved H4/H4 EAD (even after sending the withdrawal letter),but later withdrawn the H4 and H4 EAD after processing your withdrawal letter and you remained on H1B by default since you continue working on H1B after sending the withdrawal letter.Is that correct? Are you abel to see the withdrawal status online for H4/H4 EAD case?How much time it took for them to withdrawal H4/H4 EAD and are you continuing to work in that time from approval to withdrawal of H4/H4 EAD?

d)Did you face any issues later while traveling abroad/visa stamping or extensions/transfers due to this withdrawal?