H4 pending - H1, did I work illegally? Would it affect 485?

maggie_LC

Registered Users (C)
In year 2001 I lost my job and submitted H4 petition right away. Two months later I found another job and did H4 pending – H1, premium process. The H1B was approved within 15 days and then I started working.

Four months later the H4 was approved. Company lawyer told me that the one filed later will overwrite the earlier one. So in my case I was H1B status, ok to work. So we didn’t do anything.

Four months later I went to Canada visiting my friend. When I came back I showed the immigration officer my H1B approval notice, he gave me a new I-94 with H1B on it. I also got H1B visa stamp when I traveled to other countries. A couple years later my H1B extension was approved without problem

However now that I am ready to file 485, I am worried about my H4 approval – I-94 with H1B period. Would I be considered H4 status? If so I was working illegally?? Is there anything that I can do to explain it??
 
This should not be a problem. You had a valid H1B and most importantly, you entered the country with an H1B stamp on your I94.
You r good to go..
 
In year 2001 I lost my job and submitted H4 petition right away. Two months later I found another job and did H4 pending – H1, premium process. The H1B was approved within 15 days and then I started working.

Four months later the H4 was approved. Company lawyer told me that the one filed later will overwrite the earlier one. So in my case I was H1B status, ok to work. So we didn’t do anything.

Four months later I went to Canada visiting my friend. When I came back I showed the immigration officer my H1B approval notice, he gave me a new I-94 with H1B on it. I also got H1B visa stamp when I traveled to other countries. A couple years later my H1B extension was approved without problem

However now that I am ready to file 485, I am worried about my H4 approval – I-94 with H1B period. Would I be considered H4 status? If so I was working illegally?? Is there anything that I can do to explain it??
not a problem as you entred later US on H1 and got I-94 based on H1 status
 
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