H4 visa extension withdrawal for one applicant only

USA L1, L2 Visa
1

Please advice me on my H4 visa extension petition withdrawal for one aplicant only.

I came to US on H4 (validity till Sept 30th 2013). Employer of my spouse filed H1b and H4 visa extensions in the month of May 2013 and the petitions are in “Initial Review”. Now I got H1b approved from my employer starting from 1st Oct 2013.

I plan to with draw my H4 extension as my H1b already approved. However my daughter is also in the same application of H4 visa extension filed by my spouse employer. My current employer is ready to file new H4 for my daughter.

Can I withdraw my H4 extension that has two applicants (myself and my daughter) and my employer file fresh H4 for my daughter? What I need to do first withdrawal of H4 (as I don’t want H4 extension overwrite my current H1b status) and file for new H4 for my daughter?

I don’t want my daughter to be out of status when I withdraw current H4 processing. Please advice urgently as time is running out and I am not able to get proper answer from my employer, spouse employer and USCIS customer care.

1 Like
2

Why don’t you let your husband’s company continue processing the daughter’s H-4 visa. Is there a reason you want her to be your visa dependent and not his?

3

Thank you Saurabh. I can let my daughter’s visa continue, but when I withdraw the petition both myself and my daughter visa extensions will be automatically withdrawn and my daughter will go out of status. My spouse employer can’t file H4 because my spouse H1b is still in processing and all our I94 got expired on Sept 30, 2013.
I am confused what to do in this situation? Do I need file fresh H4 for my daughter though my employer and wait for receipt no and then withdraw my current H4 extension which has two applicants (myself and my daughter)? Please advice.