H1 and H4 being active sametime for long..pls help!

USA H1B Visa
1

Hi
My H1b and I94 was valid till 30th Oct 2018 and Due to health reasons , I had to change my status to H4 through my husbands employer X, on Oct 1st.
My husband changed employer Y on Oct 10th, So the new employer filed my husbands H1b transfer along with my h4.
I got back to work after 4 months, my employer filed h4 to h1 COS and got approval on Feb 10.
I have been working on H1b since then.
Last week my husbands current employer Y mentioned I got h4 approval through their company in Feb 24th and they missed to notify us on the update.

So my H4 approval was with them the whole time, for last 6 months and they didnt bothered to notify.

I’ve been working on H1b the whole time with out knowing my status changed to H4 through last action rule.
How do I know what my current status is now? H1 or H4?!
I’m worried if I notify my employer , what action thry might take since it’s already been 6 months am working on dual status.
Please suggest what are my options now with out jeopardizing my status.

Is it too late to go out of country and get H1b stamped? Can I still do that?

Please advise. I’d greatly appreciate your time.

Thanks

Shruthi

2
  1. H4 is YOUR visa while H1 is the employer’s visa.
    In other words, you must sign on your H4 petition. If someone else signs, you can contest that you didnt request that status. So, you are at the benefit of doubt for the moment.
  2. I would suggest and make an infoPass appointment at your local USCIS office and ask them what is your current status in united states as per their records. Also you can present your situation AFTER asking this question to them.
  3. Before this infoPass appointment, you can directly call USCIS and ask the above question on phone.
  4. Your current employer doesnt need to bother about your H4 status as he holds a valid H1B approval on his records and he is legally employing you.
  5. Ask your husband’s employer on which basis did they filed your H4 visa without your approval. If things goes south, you can sue them as a final option of your loss(if happens any).
    So, relax and do your homework and get it clear. Good luck.
1 Like
3

Thanks for your reply!