I-539N withdrwal after h4 petition approved

USA H4 Visa
1

Hi, I filed H4 extension and then filed I539 withdrawal while travelling to India (July’21). However, the H4 petition got approved on Aug-2021, before USCIS act on the withdrawal request. Meanwhile, we have stamped the H4 Visa using primary H1B applicant approved extension petition and travelled back to USA. Now, we got letter from USCIS as below.
“USCIS received a letter from you requesting the withdrawal of your I-539N. The letter did not reach the record of proceeding before the I-539N approved. For that reason, USCIS is reopening and reconsidering the approval of your I-539N.
USCIS acknowledges your request to withdraw your I-539N. The withdrawal of this case is final action for which there are no appeal or motion rights. This withdrawal does not preclude the filing of a new benefit request with fee per Title 8 code of federal Regulations, section 103.2(b)(15).”
Q1) do I need to act anything on this letter from USCIS?
Q2) is there any issue for the i-94 which received thru online for the most recent entry based on stamped Visa valid till 09/2023?

Appreciate your support!!!

2

If USCIS withdraw your H4 extension, under the last action rule it may impact your current H4 status and the I94 the CBP issued you while entering back to the US after H4 stamping. You may get out of status based on the last action USCIS will take to withdraw your H4 and you may have to leave the country and enter back to reinstate your H4 status.

This would not have been an issue if USCIS would have processed the withdrawal of EOS before you entered the US on H4 visa.

You should not have withdrawn your H4 EOS as the only issue it may have created for you would be the mismatch in the I94 between the one attached to the I797 approval notice for H4 extension and the one issued by the CBP at port of entry.

I highly recommend consulting an attorney to discuss your situation once USCIS process the withdrawal. Or call USCIS and check if they can just ignore the withdrawal letter and not process the request.