I came to US in H4 and applied for H1b in last year cap. The H1B got approved now. But my spouse has also applied for her H1b Extension along with my H4 Extension. My wife’s visa is in RFE and her Employer is collecting all the necessary documents to respond to the RFE.
One of the Lawyer said, the latest visa will be valid always. My H1 is already approved and my H4 extension is yet to be approved and will be approved in few days (Once my wife’s employer responded to the RFE). In this case, the latest visa will be H4 and H1 will be invalid as per the lawyer.
A few people are telling that i can hold both H1 and H4 visa and during my travel to India, whichever visa am using will be valid. Also, withdrawing of H4 is a risk at this time.
Kindly advise on the following as soon as possible:
Can i work with my H1 though my H4 visa approved (latest)?
Can i withdraw the H4 as i already have a H1B to work?