Received H4 Biometric appointment after H1b approval

USA H4 Visa
1

I had applied for my H4 and H4EAD extension along with my spouse H1B in April 2020.
My spouse H1B was approved in June 2020 and I was awaiting biometric appointment as my H4 status was up-to August 31st.

Meanwhile my new H1b was approved with the change of status effective Oct 1st 2020. But now I have received notice to attend the H4 biometrics appointment scheduled in the coming week.

I am confused why I got this appointment even though my status has changed from H4 to H1. Question I have is what should be my further action:

  1. Do I need to attend this biometric appointment?. But I would like to retain my H1b status

  2. I talked to USCIS customer care, they said when you have approved H1b, you need to cancel your H4 extension application. My spouse contacted his attorney office, Since i had my H4 approved till Aug 2020 and my H1b was approved from Oct 2020. withdrawing my H4 petition may put me in out of status for Sep 2020

Can you please let me know what I should do in this scenario to retain my H1b and also not fall in trouble due to out of status. Technically my H4 was in process in September and I am in status, but if I withdraw H4 application now, does it really make me to fall in out of status for Sep 2020?

Thanks

2

Hi I am also in same situation. Could you please share how did you handle the situation. Did you go for biometric?

3

I intend to not go for biometrics so that the H4 request is lapsed without negatively affecting the approved H1 status. Do get a second opinion pref. from a competent/legal auth.

4

Thanks! I am just worried that if i do not go for biometrics and what if my H4 is rejected which would become my last status and i might have to leave the country

5

Send a letter to USCIS stating that you change of status from H4 to H1b is already approved and would like to continue in H1b, under tat circumstances you will not be appearing to H4 biometrics.
This is what I did, this is not a legal advice please check with your attorney if this works.

6

Well last approved status will be H1B.
Last auctioned status will be H4 which technically never was granted to you.
Get a legal opinion from one of these lawyers online. I feel it is safe but I maybe oblivious to the legality

7

Can you please share the format or the content of this letter

8

Thanks Raghu and yes I will seek attorney’s advice. So could you share the letter format you sent and also did you receive any confirmation on your mail?

9

I received H4 RFE now saying if H4 extn is still needed if not responded then my H4 petition could be denied. Did you receive Any response. I am worried now although I have valid H1 and I-94 till sep 2023, not sure what happens if H4 denied will my earlier I-94 still valid. Any idea ?

10

Oh, that is sad to hear. I received today my withdrawal confirmation stating further processing on the H4 application is terminated. Probably you should reply to your RFE asking them to stop processing and attach the withdrawal mail along with the Mail receipt you sent earlier.

As far as my attorney said, if the H4 is denied then that will become your latest status. Last status will become your current status, seek attorney help for further processing