H1B Approved while H4 was pending. Sent H4 withdrawal but received biometric

USA H4 Visa
1

I was working in H4 EAD and got my H1B selected through lottery in 2020. I applied for my H4 extension through my spouse in August 2020. Meanwhile I got my H1B approved and I am in H1B status from October 1st, 2020. Immediately I also sent a withdrawal mail to USCIS for H4 petition on October 2020.

Now I received my Biometric appointment for H4. Immediately after the notice, I reached USCIS and they mentioned that they have not received my mail, so I resent another withdrawal mail on April 26th, 2021.

What should be my next steps? Should I attend my Biometric or skip it?

Please advise.

Thanks

Aarthy

2

You fear that the H4 if approved will supercede the H1B and you won’t be able to work.
Did you try cancelling / rescheduling the biometric for a future date ?
Not appearing for biometric is one option.
Getting legal help to represent your cases and speak to CIS (G28) about genuine case and intent to not pursue H4 , is another option.

1 Like