Withdraw H4 extension after H4 to H1B COS approval?

USA H1B Visa
1

Hello Anil,

A very big Thanks to you for all your input and advice in my case .Things got work out very well for me as premium processing was resumed by USCIS . My employer upgraded my H4 to H1 COS in premium and it got approved.

Anil I have few questions

  1. My spouse company also applied for my H4 extension. Do we need to withdraw my H4 extension now ?
  2. My spouse company is not ready to withdraw H4 extension and asked I need to hire a personal lawyer to submit withdraw application ?
  3. Do I need a lawyer or I can also submit a form and send it to USCIS ? I talked with one attorney and he is asking me 600 $

Please suggest

2

You should withdraw your pending H4 application.

You can send H4 withdraw letter to USCIS yourself.

3

Hello Anil,

Thanks for help. Seems Sample application is for H4-EAD. My spouse company only applied for H4 extension. Do you have sample withdraw letter for H4 Application . Also let me know what reason should I provide for withdraw as my H1 is approved .

Thanks
Sumit Jaiswal

4

The sample letter that I shared above can be used for any USCIS application withdrawal.

5

Hello Anil,

I am planning to give below reason for H4 withdraw, Is this enough . Please guide

I Sumit Jaiswal have filed an I539 application with a receipt number LIN191235####
for H4 Status extension on ##/##/2019. I would like to withdraw H4 application
as I recently moved to H1 status .Please feel free to contact me if you need
any further information.

Thanks

Sumit Jaiswal

6

That sounds okay to me.

7

Hello Anil,

My H4 is submitted at Nebraska Service Center . Receipt number is starting with LIN191235##.

Shall I send withdraw letter to Nebraska Service Center USCIS ,PO Box 8521 Lincoln NE ?

I tried with Fedex and they said they can’t send to PO Box I need to do from UPSC only ? Is this correct

Thanks Anil !!!

8

USPS with tracking is better.

9

Hi Anil,

My wife is also in a similar situation…
Currently on H4 with I-94 till 8/31/2021
H4/EAD applied on 4/30/2021
H1-B COS applied on on 8/20/2021, got the approval on 8/27/2021 with I-94 from 9/1/2021 to 8/31/2025
H4 withdrawal submitted on 9/16/2021
H4 approved on 9/17/2021

From the above replies, I believe her status is back in H4 now… what would USCIS do with withdrawal request… If withdrawal request is processed eventually, will she be out of status ?

Another question as for H1 status, as she is in H1 as of 9/16/2021… does H4 EOS mean anything because her status was no longer the H4 to extend…

Thanks in advance for your time

Vinay

10

Replying on behalf for Anil…

You answered your question!

Note that as her COS from H4 to H1B was approved, USCIS have to approve her H4 extension of status to be able to process COS and bridge any gap, which is what they did. There was no need to send withdrawal notice when extension of status application is pending and you have COS application too. You can’t go back to H4 status just based on EOS approval as you are no more in H4 status. You need COS application from H1B to H4 to go back to H4 status, if that makes sense.

Many times people have two COS applications pending and in this case it is advisable to send withdrawal letter for another application if one gets approved so you don’t go back to your last status that you don’t intend to be in.

11

Thank you so much Kalpesh…

So, my wife status is H1 and withdrawal submission has no impact to her status.

Thanks again

12

Hello Vijay,

Could you let me know what happened to your wife’s case. Is she still continuing in H1b status with the employer after H4 extension approval?

13

@Anil_Gupta @vsircilla I am also in same situation,

  1. My h4 ead valid till 2022
  2. Have applied for h4 extension in June 2021
  3. H1b picked and COS approved in October 2021
  4. H4 extension approved in November 2021

Base on @Anil_Gupta reply I will be on h1b status , but seems we have last action rule. Does that effect anything . As initially when I checked h4 extension it showed takes up to 3 months more for approval and thought of sending withdrawal , but they approved to sync with my spouse. Can you please let me know what need to be done

14

Hi @Kartik, I’m on same boat, My H1B approved and H4 is in pending status. Is it better to withdraw petition Could you please help me with your next steps,
Thanks!! Siva