can a co cancel H4 (I 539) petition

[ssdtm]

My co sent notice to USCIS for cancelling my H1+H4 petition when I left this co and joined another. USCIS still approved the H1 and H4 filed by old co.

Ofcourse this H1 is not valid, as I have switched job on another H1. What about H4 for my spouse? H4 is NOT dependent on co, so logically it is valid. But since USCIS approved it even after receiving the notification for cancellation, is it valid now?

In short, can a co cancel H4?

 

[great guru]

A company can cancell H4 indirectly. By cancelling your H1, your dependent H4 will automatically get cancelled. Unless you have alternate arrangements, means you have different h1 and your spouse has H4 based on that then you are OK.
If your wife H4 is not transfered to your new H1 dependency, please do so ASAP.

Go and check your spouse visa stamp in her pp, the company name is mentioned on it.

My co sent notice to USCIS for cancelling my H1+H4 petition when I left this co and joined another. USCIS still approved the H1 and H4 filed by old co.

Ofcourse this H1 is not valid, as I have switched job on another H1. What about H4 for my spouse? H4 is NOT dependent on co, so logically it is valid. But since USCIS approved it even after receiving the notification for cancellation, is it valid now?

In short, can a co cancel H4?

 

[ginnu]

My co sent notice to USCIS for cancelling my H1+H4 petition when I left this co and joined another. USCIS still approved the H1 and H4 filed by old co.

Ofcourse this H1 is not valid, as I have switched job on another H1.
What about H4 for my spouse?
-she is on valid H4 if you are on H1. she is on valid H4 status till her I-94
H4 is NOT dependent on co, so logically it is valid.
----------H4 is tied to you not to employer
But since USCIS approved it even after receiving the notification for cancellation, is it valid now?
-------------YES,
In short, can a co cancel H4?
-----------the employer can cancell H1 by writing to USCIS if you dont have other H1 or H1 transfer then H4 holder is OK till H4 I-94

*******you did not post full details or sequence of events
FYI employer can only cancel H1 petition by writing to USCIS and the Valid Visa stamp is under DOS not under USCIS. Visa stamp and H1 or H4 status are different. I dont know if H4 holder has valid Visa stamp and valid I-94

 

[ssdtm]

Thanks very much - GreatGuru and Ginnu.

Ginnu's answers match which I got from attorney.

H4 is in status even though the co cancels H1 given that I have another H1. A co cannot cancel H4. They can only cancel H1. So if I have new H1, H4 is in Status.

Having said that, it is desirable not to delay H4 and take chances and file H4 asap.

 

[ginnu]

Thanks very much - GreatGuru and Ginnu.

Ginnu's answers match which I got from attorney.

H4 is in status even though the co cancels H1 given that I have another H1. A co cannot cancel H4. They can only cancel H1. So if I have new H1, H4 is in Status.

Having said that, it is desirable not to delay H4 and take chances and file H4 asap.
-------------------------If H4 holder has H4 based I-94 then he she is on Valid H4 status (if spouse has H1 status) if H4 holder I-94 is going to expire then file H4 Extension 4-5 Months advence of I-94 expiry date or BEFORE I-94 expiry date.
****** you talked to your attorney and talk to him/her for more info. I dont have your details or H4 holder details.

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