Hi, My H1 just got approved(Cap-exempt)? Meanwhile we have applied my H4(Extension) & H4 EAD(Renewal) earlier and it is still pending with USCIS. Now what will happen if i get H4 approved after a month? Will it be a problem for my H1? What are my options. Thank you.
at any time your latest status(approval) over rides any previously existing status.
To add to @ImmiGeek, it is called “Last Action Rule”, you can search and read more on it.
Thanks Kumar & ImmiGeek
@Kumar & @ImmiGeek , quick question on this. My H4 expired Jun 25th 2019(Extension is pending as of now). My H1 approved from Jul 25th 2019 .If i withdraw my H4 will i go out of status from Jun 25th to Jul 25th? Please clarify.
If you had applied as Change of Status, you technically are on H1B status now and you should be working as well and getting paid too…
You should withdraw the H4, if you plan not to be on H4, other wise, the last action rule may apply and then you would be again on H4…I would suggest you speak to your H1B attorney and then act on it soon…