Should I withdraw H4 extension application if H1B is approved post I-94 expiry?


#1

Hi,

My Spouse’s employer applied for H4 extension along with his H1b extension prior to I-94 expiry in Sept 2018. As I was working on EAD my then employer had applied for my H1B in April 2018 . I received approval for H4 to H1B in January 2019 effective from 2nd Jan 2019 to 2021.

Depending upon last action rule, should I be withdrawing my pending H4 extension application. If yes how will it impact my status from Oct 2018 to Dec 2018 as my I-94 expired in the month of Sept 2018 and H1B is active from Jan 2019…
Note : I am still in USA and haven’t traveled outside USA since January 2018

Thanks !


#2

Write a letter to USCIS enclosing approved H-1B petition and ask them to approve only till Jan 1st as you got the H-1B approval from Jan 2.