H1 approved then h4 approved

1

I had to file my wife’s h4 extension as it was expiring and couple of weeks later she had job offer so her employers also filed h1 with premium processing which was approved in 10 days. However last week 2 months after h1 approval h4 was also approved. I would like to know what would her her current status? Is it h1 or h4 ???

Please any response asap would be helpful uand appreciated

Thanks

2

You need to mention the approval dates.
Anyways, your wife’s status is H1B. H4 EOS approval after COS fron H4 to H1B do not put her back in H4 status. To go back to H4 status, she will need a COS fro H1B to H4.

3

Thanks kalpesh for response.

So my wife’S h4 - h1 cos notice date was 09/28/2021 valid from 10/2021 - 09/2024.

Her h4 extension notice date was 11/30/2021 and valid from 08/06/2021 - 07/2024

So is she in h4 or h1 status ??

4

when i checked the case status of h4 extension it was approved on dec 1st 2021 two months her cos was approved.

5

Yes! Her H4 extension will fill the gap between her H4 I-94 expiry on 08/06/2021 and her H1B approval from 10/2021. Between these dates she was on H4 and after 10/2021 she is on H1B.

I wonder if you consulted your immigration lawyer and if yes what did they say? :slight_smile:

6

Murthy law firm says she’s on h1 since it’s COS, we called uscis customer service they say she is on h1 but her employer and her attorneys say she is on h4 and wan to file h1 petition again. They are saying different attorney interpreted it differently.

Thanks

7

Thats weird. I wonder how competent your employer’s lawyers are. Did you discuss with them what Murthy and USCIS told you?

8

Yes we had their employers attorney on conference call with Murthy who clearly said you are on H1 but then again they said nope our attorney said h4 so it’s h4 and they filed again :crazy_face:

9

We called uscis and they said someone from uscis will call and let us know the exact status but their employers want that in writing which uscis don’t think will provide