jerrygreat
Registered Users (C)
Hi friends,
In July, I was H1 laid-off. then filed H4 (pending), In Augest, changed to H1 again (current status), do I need to withdraw the still pending H4?
There are two schools of view:
1.
my lawyer states that its unnecessary to withdraw the H4 – the H1 application overwrites and or supercedes the H4.
2.
The Last Action rule will govern your status in this case,
if your H-1B gets approved and comes into effect before the approval of your H-4, when your H-4 gets approved and comes into effect, your status will change from H-1B to H-4. In this scenario, because the last action of USCIS is H-4 approval/effective date, your final status is H-4. If H-4 is not what you want, it is safer to request the USCIS to cancel or revoke the pending H-4 pending before it is approved.
I feel very confusing about about answers, I am afraid if anything I did wrong
will disable H1 again (if I don't withdraw in time), but my lawyer won't like to do anything to withdraw.and company trust him.
so is there any friend has this real experience? or right answer?
thank you so much in advance.
Jerry
In July, I was H1 laid-off. then filed H4 (pending), In Augest, changed to H1 again (current status), do I need to withdraw the still pending H4?
There are two schools of view:
1.
my lawyer states that its unnecessary to withdraw the H4 – the H1 application overwrites and or supercedes the H4.
2.
The Last Action rule will govern your status in this case,
if your H-1B gets approved and comes into effect before the approval of your H-4, when your H-4 gets approved and comes into effect, your status will change from H-1B to H-4. In this scenario, because the last action of USCIS is H-4 approval/effective date, your final status is H-4. If H-4 is not what you want, it is safer to request the USCIS to cancel or revoke the pending H-4 pending before it is approved.
I feel very confusing about about answers, I am afraid if anything I did wrong
will disable H1 again (if I don't withdraw in time), but my lawyer won't like to do anything to withdraw.and company trust him.
so is there any friend has this real experience? or right answer?
thank you so much in advance.
Jerry