I entered the United States in November 2021 under the sponsorship of Employer 1. Our visa stamp is valid until September 30, 2023. In April 2022, I changed my employment to Employer 2 and was granted an H-1B extension valid until February 28, 2025. In August 2023, I applied for my child’s and spouse’s H-4 visa extensions based on Employer 2’s latest I-797 approval. On October 16, 2023, my wife’s H-1B petition was approved, while her H-4 extension is still pending. Please advise me on the potential issues I may encounter and if her status will change from H-1B to H-4 if her H-4 extension is approved.
Ideally USCIS should deny her H4 extension of status application as she is no more in H4 status. If they do so, they may as well deny your childs H4 extension in which case you will need to reapply for your childs H4 extension of status using your wife’s H1B as primary.
If USCIS ends up approving H4 extension of status for your wife and child both, that doesn’t put back your wife in H4 status because the application itself is extension of status and not a change of status. So your wife should still be in H1B status.
Thanks Kalpesh for your information