Withdrawing H4 application
- Thread starter rgayapa
- Start date
great guru
Volunteer Moderator
File H1
It is not clear, what is your present status.
Apply H1, once H1 approved withdraw H4.
It is not clear, what is your present status.
Apply H1, once H1 approved withdraw H4.
Thank you for the reply.
I am under the grace period of the J1 visa. My visa expired last Aug 30 but my H4 was filed before that. I already obtained a waiver to the 2-year residency requirement that allows me to change status.
I am afraid that filing the H1 might complicate things since my H4 is still pending.
I am under the grace period of the J1 visa. My visa expired last Aug 30 but my H4 was filed before that. I already obtained a waiver to the 2-year residency requirement that allows me to change status.
I am afraid that filing the H1 might complicate things since my H4 is still pending.
Some things to watch out for:
1. Since your only status is pending H4 application, withdrawing the application MAY make you retroactively out of status
2. If your H4 gets approved after H1 for some reason, you'll automatically lose the H1 and switch to H4
I think you need an attorney
Maybe you can send a H4 withdrawal together with H1 application and use premium processing to ensure it gets adjudicated faster than H4 request.
~T
1. Since your only status is pending H4 application, withdrawing the application MAY make you retroactively out of status
2. If your H4 gets approved after H1 for some reason, you'll automatically lose the H1 and switch to H4
I think you need an attorney
Maybe you can send a H4 withdrawal together with H1 application and use premium processing to ensure it gets adjudicated faster than H4 request.~T
Last edited by a moderator:
great guru
Volunteer Moderator
Do not worry
Before approving your H1, INS will call your attorney office to verify this issue.
In fact they recommend you to change the status from J to H1 instead of H4 to H1.
Apply H1 once approved withdraw h4.
This is my experience and happend last month, we withdrew H4 after h1 is approved - H4 was CSC and H1 was NSC. (Infact INS wrote(NSC) and (CSC)called Attorney's office also. Even attorney office surprised about the phone call)
Before approving your H1, INS will call your attorney office to verify this issue.
In fact they recommend you to change the status from J to H1 instead of H4 to H1.
Apply H1 once approved withdraw h4.
This is my experience and happend last month, we withdrew H4 after h1 is approved - H4 was CSC and H1 was NSC. (Infact INS wrote(NSC) and (CSC)called Attorney's office also. Even attorney office surprised about the phone call)
Last edited by a moderator:
Thank you for the replies.
I already have a lawyer but he is saying that I have to go back to my home country before I file for h1 since I am already out-of-status. The only thing that allows me to stay is the pending h4 application. I also have mentioned the possiblity of withdrawing the h4 as you have suggested but he has not addressed the matter so far. Anyway, I'm going to call him as soon I send this e-mail.
Again, thank you for the help.
I already have a lawyer but he is saying that I have to go back to my home country before I file for h1 since I am already out-of-status. The only thing that allows me to stay is the pending h4 application. I also have mentioned the possiblity of withdrawing the h4 as you have suggested but he has not addressed the matter so far. Anyway, I'm going to call him as soon I send this e-mail.
Again, thank you for the help.
great guru
Volunteer Moderator
H1
it seems to be some ignorant on H4 part form your attorney side.
Do not withdraw the H4.
Apply h1 premium process,($1000 extra) if it NSC you will get your approval less than a week.
it seems to be some ignorant on H4 part form your attorney side.
Do not withdraw the H4.
Apply h1 premium process,($1000 extra) if it NSC you will get your approval less than a week.