Withdraw H4 pending application after H1B transfer approval?


(Anonymous) #1

Hi Anil,

H1B extension denied, Changed status to H4

Last year my wife’s H1B extension was denied, then she went to India and came back on H4, now in USA on H4.

File H1B transfer after i94 expiry, H4 Pending

Now a new employer is planning to file H1B transfer+extension with premium processing, if premium processing is available from 02/19, then she will start work after approval.

Her H4 i-94 expired on 1st Dec 19, her H4 extension is pending in normal process since 11th Sep 19.

Question: If she gets H1B approval and later H4 extension approval, does it change her status from H1 to H4?
Safe deal may be withdraw H4 after H1 approval, but if withdraw is not filed, will it have impact?


(Anil Gupta) #2

The status will depend on which application gets result first.

H1B Transfer is approved first and H4 is pending

If H1B application with COS is approved first and H4 is still pending, her status will change from H4 to H1B. In this case, you SHOULD file for H4 withdrawal.

Withdrawing H4 after H1B transfer approval

But, the problem is that if you withdraw H4, the time period between i94 expiry and the date of H1B approval will become ‘OUT OF STATUS’ due to i94 expiry.

Not withdrawing H4 after H1B transfer approval

If you do not file H4 withdrawal and H4 is approved after H1B, USCIS may change her status back to H4 on application approval.

So, your situation has become complex as you have waited too long to file H1B. Ideally you should have filed H1B transfer before i94 expiry to keep things clear.


(Anonymous) #3

Employer was waiting for premium processing, since she cannot start work on receipt. (H1B extension denied, so need approval to start work).

If they go by normal process, client will not wait and in case of RFE they cannot submit client letter or any other documents related to client.

Now I am not sure what to do with this.

If H1 approved first and H4 later, then she may have to raise request for change status from H4 to H1, in that case, usually how much time it takes? Can she continue work during that period?


(Anil Gupta) #4

Change of status from H4 to H1B can take a long time and depends on service center.

She cannot work during the time she has status as H4.


(Anonymous) #5

Okay, then one fine day, she will go back to India and get H1 Visa stamping, she is eligible for dropbox, so no need to wait for appointment, then she will enter US with H1. Hope that will solve all problems.


(Anil Gupta) #6

Yes, that’s probably the fastest option to convert to H1b in your case.