I came to USA on H4 on March 26, 2013 (My I-94 valid till Nov-10-2013). In April, my new employer filed for my H1B and I got approval on Aug 26, 2013 with the Validity from Oct 1, 2013 to Sep, 2016. Currently I m working for a company.
My husband's H1B was expiring in Oct 2013 and he had applied for his extension in June 2013 along with my H4 extension. He got an RFE and the approval came only by Jan 15, 2014. My H4 extension has also been approved(does not mention as COS ). I have a few questions and request your help in resolving it
1.Currently, which of my visa is in valid state.. H1B or H4?
2. Can I withdraw my H4 now? If so, which form should be submitted and how to withdraw?
3. Can I continue working while I apply for theH4 withdrawal?
You need to ask your H1B attorney these questions!
Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.
1 lawyer agrees
You are in H4 status if the EOS was granted after H1B COS.
If on H4, you cannot be on H1B. To activate H1B status, you would need to depart the U.S. and enter on an unexpired H1B visa, or ask the employer to file another H1B petition requesting COS from H4 to H1B.
Consult with the employer's immigration attorney.