H1 approved. Should I pull out H4 extension.

B

balaji1k

New Member
John,

My wife's H4 expired on Aug 1st 2008. Her H1B petition was approved on Apr 25th (with COS). We applied for H4 extension and it has not been approved yet.

What should we do now ? I don't want to pull the H4 extension petition till Sep30th because my interpretation of the Last Action rule is as follows..

- H1B petition although approved will take effect only on Oct1st (COS will start only on Oct1st). So if the H4 petition is approved before Oct1st, then the COS will be used and she will be on H1B on Oct1st.

-- If H4 extension is not approved till Sep30th, we can pull it out. Would she be H4 status from Aug1st to Sep30th ? (because we have pulled out the H4 extension papers)

Please advice whether my interpretation is right..

Thanks in advance
Balaji
 
She would still be on H-4 I suppose as USCIS takes quite a bit of time to process the letter you would have sent asking them to cancel her H4-extension.

This was what my lawyer has told me as I was in similar situation. Also if your spouse gets H1 stamp then hat over-rules everything.. not needed but in case if you want to have that extra piece of mind.
 
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