My spouse has H1-B until 06/12/2019. We applied for COS to H4 with effective date starting 06/13/19. When we received the I-797 approval dates for H4, it had start date of 05/20/19 (USCIS mistakenly must have followed my H1b extension start date, ignoring our requested start date of 06/13/2019as listed on her I-539 COS application). So now technically from 05/20/19 thru 06/12/2019 she will be on both H1B and H4. Can she continue working from 05/20/19 thru 06/12/19 based on existing H-1B or should we contact USCIS customer care to correct the dates and new I-797 approval notice reflecting original request based on I-539?
USCIS mistakenly must have followed my H1b extension start date, ignoring our requested start date of 06/13/2019as listed on her I-539 COS application
Comment: As far as I know, there is no FUTURE dated approval request. USCIS issues the approval from the very date of approval. Its not USCIS mistake, thats what the regular process.
So now technically from 05/20/19 thru 06/12/2019 she will be on both H1B and H4
Comment: NO, from 05/20/19 onwards she is on H4 (cos) status, not on H1.
Can she continue working from 05/20/19 thru 06/12/19 based on existing H-1B
Comment: No, she cant work on H4 status during that time. She will not be on H1 status.
should we contact USCIS customer care to correct the dates and new I-797 approval notice reflecting original request based on I-539?
Comment: No, its not a mistake from USCIS, they may not correct the approval.
Thank you ImmiGeek for your comments. As she already has H-1B until 06/12/19, we only asked USCIS to start H-4 from 06/13/19. I feel it’s totally logical and legitimate request and I can’t see to fathom why USCIS can’t do that and just simply make her H-4 initiate with my H-1B extension?
ImmiGeek is right. Your request for changes will go into a query queue and will not be attended to in a timely manner. You have the choice of writing them, or leave things as they are. Are you worried about anything major?
Thank you very much for your response. We didn’t want to go the route of “requesting a change” as it could be in a queue for a long time before they even look at the case.