H1- COS H4, H4 EAD to again COS H1

1

Hi Team,

I was having my old H1 valid till Jan 2021.

I lost Job and applied COS to H4 on June 2020 & H4 EAD on Oct 2020.

Got Job offer and applied H1 on Dec 2020.

H4 EAD approved in May 2021.

H1 approved July 1st, 2021 (I-94 validity from Dec 2020)

H4 approved July 7th, 2021

I have the below 2 questions,

  1. I never used my H4 EAD, can I withdraw my H4 & H4 EAD now.
  2. what is my current status H4 or H1B?

Appreciate your time to answer my question.

2

You cant withdraw after approval.

What is the I94 start date on your H4 approved on 7th July?

3

Thank you Kalpesh.

My H1 I94 start date is 12/08/2020

H4 I94 start date is 07/07/2021 (H4 applied June 2020, start date supposed to be June 2020. but USCIS approved and gave I94 from 07/07/2021).

Can I able to withdraw my H4 approval now?

4

Per USCIS last action rule, you are back to H4 status effective 07/07/2021 as you H4 start date is after the H1B start date.
You will need to apply for COS from H4 to H1B again.
You need to talk to your employer and switch to using H4 EAD to continue with your current job.

5

Thank you Kalpesh for the clarification.

Is there any opportunities available to withdraw my H4 now? I heard possibilities of withdraw H4 now, any guidance is highly appreciate.

6

Per my understanding, withdrawal works only if you have sent a letter to USCIS while your application was pending, not after it is approved. Talk to your immigration lawyer and work with them.

7

Thank you Kalpesh for your time and appreciate your quick response.

I will check with attorney.