H1B and H4 both got approved. Which is valid?

USA
1

Hi,
My wife was on h4 and had filed for H4 extension in September of 2020. Later her employer filed H1B which got approved in January, 2021. So in January we filed for the H4 withdrawal. But instead of withdrawal we got a H4 approval notice on February 19, 2021. Please let me know what is her status now. Is it H4 or H1B?

Thanks,
Ashok

2

The most recent i94 will show the current status.

3

The H1B validity shows me an end date of 07/08/23 and the H4 09/02/23. Also since we had already filed for the withdrawal of H4 before the approval notice came will the H4 be still valid?

The following dates are mentioned for H4:
Received Date: 08/31/2020
Notice Date: 02/10/2021
Valid From: 08/31/2020 to 09/02/2023

The following dates are mentioned for H1B:
Received Date: 07/31/2020
Notice: 01/23/2020
Valid From: 12/30/2020 to 07/08/2023

The withdrawal of H4 was filed on Jan 22 and I have the Fedex details of the delivery of the withdrawal letter.

Please let me know your feedback as to which will be valid. H1B or H4.

4

If you filed withdrawal before H4 approval, then you might contest it but unless USCIS processes withdrawal, you can never be sure.

Since USCIS has already processed H4 and issued new i94, the battle to fix it won’t be easy.

5

Hi Anil,
Thanks for the reply but tell me one thing, the I-94 date of H1B is later than the I-94 date of H4. So in this case the H1B should be my valid legal status even if I received the H4 visa later.

I-94 dates for H4 is 08/31/2020 to 09/02/2023
I-94 dates for H1B is 12/30/2020 to 07/08/2023

As far as I know USCIS always looks for the I-94 dates and not the receipt dates. Please confirm.

Thanks,
Ashok

6

Hi Anil,
I need one more clarification. Suppose I go out of US for my H1B stamping and enter US with my H1B stamped. In the meantime my H4 filed before my departure gets approved after I enter US. In this situation will my status turn back to H4 or does my stamped H1B is still valid.

Please let me know.
Thanks,
Ashok