I am in dilemma regarding my change of status filed with USCIS. Currently me and my son are under f2 dependent status. I applied for change of status from f2 to F1(but not my son) in September last year and I have not received approval notice as yet.
Also applied for H4 along with my son as dependent in h1 application of my husband for 2019. Last week I received approval notice for H4 of me and my son which will be applicable from Oct 1 2019.
Now I have couple of question in mind about what to do next.
Shall I cancel my previous application to change from F2 to F1?
If I don’t cancel it and gets approved before October what will be my status from October onwards? Will it be f1 or H4. And also my son’s application for H4 was filed along with mine. Does that make any difference in his status after October if my pending case is approver?
Are your sure your H4 has been approved with starting date as Oct 1, 2019? or is it 2018?
Most recent change of status approval will supersede
The last status that gets approved will normally supersede the older status.
This means that if F1->F2 status gets approved now, your status will change to F2 automatically.
Cancel F2 to F1 or F1->F2
If you do not need the F2->F1 now, it is a good idea to apply for application withdrawal and avoid un-necessary confusion with status changes.
You can use this sample USCIS application withdrawal letter:
Son’s H4 approval is not affected by Parent’s F2->F1 application
Your son’s H4 status will not be affected by your any another change of status applications.
I believe your point of confusion is the same i797 approval that you must have received for H4 applications that listed both you and your son’s name in same form.
Don’t worry. That’s normal. USCIS allows to file H4 status for all dependents using a single application form. The approval remains separate for both you and your son even though the form was same. There is nothing to worry here.
Verify your current status by checking i94 online
Your status can be verified by looking at your most recent i94 online.
It will always show your CURRENT status.
Whenever you apply for any change of status and if it is approved by USCIS, the status is reflected in new i94 that is issued with the approval letter.
This new i94 is also updated online on CBP website.
Sorry, effective date for H4 is October 1, 2018. Just for clarification.Does that mean if I get F2->F1 approval before October 2018, my H4 will be cancelled and I will be under F1 onwards and my son will still be in H4 from October 1 2018.