Hello,
H1 - approved on Jun 28th - I94 - Oct 1 2013 to Sep 2016.
H4 withdrawal letter reached USCIS on Sep 30th 2013.
H4 - approved on Oct 3rd - I94 - Jul 30 2013 to Jul 29 2016.
My wife's H4 extension was filed because it was expiring by July. Meanwhile my wife found an employer who filed a H1 for her and it got approved on Jun 28th. My Employer's Attorney sent a H4 withdrawal letter which reached USCIS on Sep 30th.
Not looking at the withdrawal, USCIS approved H4 petition on Oct 3rd. While I understand the last action rule, but how does it apply here when we sent the withdrawal letter before H4 approval?
1) We went to SSN office on Oct 17th (after Government reopened), my wife was told that she is showing as H4 status after doing additional verification with DHS.
2) We spoke to USCIS by phone and also by visiting their field office. They promised us a response on withdrawal, but today we received a plain letter stating they can't disclose any information with us due to privacy act.
What would we do to fix this now? Is another COS mandatory? Is there an option for her to get H1 stamping in Canada without filing another COS? Not sure how successful will be the latter option.
Your response is greatly appreciated.