Hi,
I’m currently on H4 and it will expire June 30. Extension of H4 has been filed but is still pending.
I have filed my own H-1B COS and it is approved now, but will be in effect from Oct 1st.
My question is: when should I withdraw my H4? If too early, I won’t have any valid status until Oct 1st. If too late and my H4 got approved, it will override my H-1b.
Or instead of withdrawing H4, is there any other way? eg. file an amendment to my H-4, asking that if they approve, please set the H-4 end date to Sep 30. I’m not sure if such thing exists.
Any advice is greatly appreciated.
Thank you!
Send withdrawal letter for H4 extension to USCIS on 30th September. That way you are in H4 extension pending status between 30th June and 1st October.
In case your withdrawal letter does not make to your file by the time USCIS adjudicates your H4 extension, after 1st October, they will see that you started your H1B status from 1st October so most likely they will deny or may send RFE for H4 extension. If you receive RFE, just ignore it and your H4 extension application will be deemed abandoned and will get denied eventually.
Thank you! This is very clear.
May I ask a follow-up question? What will happen if my H-4 get approved before Oct 1st, will that override my H-1B? and if it does, is there any way to avoid that, or to change my status back to H-1B?
Per the last action rule, your H1B will be the last action as it will start from 1st October, i.e. after your H4 gets approved. So you will be on valid H4 status till you start the H1B jon from 1st October.
Consult with your attorney who filed your H1B to double check the above.