Jyotianand
New Member
Need advice
Husband came on H1B visa, wife and son came on H4 visa to US.
Husband's visa was expiring in Jan 2024, so they filed for an extension in Oct, 2023. The H4 extension was also filed for both the wife and son at the same time, which is still pending.
The wife had also applied for a new H1B visa in April, 2023 which got approved in Nov, 2023.
Now, they want to withdraw the H4 extension application for the wife. But, the husband's company is saying that the H4 extension for the son will also get withdrawn, since the applications of both wife and son are linked together. In that case, the son will become out of status (since his H4 visa has already expired a week ago with I-94 expiring soon). Currently, he is allowed to stay in the US since his extension has been filed, but not sure what happens if H4 application is withdrawn as the 2 H4s are linked together.
If they do not withdraw the H4 application for the wife, she will get H4 status, once the H4 application is approved. How does she go back to her H1b status?
What can be done in this case?
Husband came on H1B visa, wife and son came on H4 visa to US.
Husband's visa was expiring in Jan 2024, so they filed for an extension in Oct, 2023. The H4 extension was also filed for both the wife and son at the same time, which is still pending.
The wife had also applied for a new H1B visa in April, 2023 which got approved in Nov, 2023.
Now, they want to withdraw the H4 extension application for the wife. But, the husband's company is saying that the H4 extension for the son will also get withdrawn, since the applications of both wife and son are linked together. In that case, the son will become out of status (since his H4 visa has already expired a week ago with I-94 expiring soon). Currently, he is allowed to stay in the US since his extension has been filed, but not sure what happens if H4 application is withdrawn as the 2 H4s are linked together.
If they do not withdraw the H4 application for the wife, she will get H4 status, once the H4 application is approved. How does she go back to her H1b status?
What can be done in this case?