How can i Cancel/Withdraw My Spouse H4 Visa extension ?

[monu2k4]

My spose's H4 extension is applied till Dec30, 2013, I Had earleir filed her H1 B visa.
When her H1 gets approved, should i cancel her H4 extension? If so how can i cancel ?

[raghvi]

My spose's H4 extension is applied till Dec30, 2013, I Had earleir filed her H1 B visa.
When her H1 gets approved, should i cancel her H4 extension? If so how can i cancel ?

When is your spouse's H4 I-94 expiring?

[kabkaba]

Her status will be determined by the application that gets approved last. (Last action rule). So if H1 status is desired, she should withdraw the H4 application.

[monu2k4]

Her H4 is expiring Aug 9th 2013, so i filed her Extension (i539).
Earlier i had filed her H1 (in April 2013 ).

So if H1 get approved before H4, should i withdraw H4?
What if H4 gets approved before H1 ?

[raghvi]

If her H4 I-94 is also expiring Aug 9th 2013, and if you withdraw her H4 extension request, she would be out of status between 9-Aug-2013 to 01-Oct-2013.

In such scenario I doubt if her H1 will get approved before 01-Oct-2013. It should typically go in to a RFE with USCIS first asking you to submit evidence of a valid status for her on 30-Sep-2013 in order to do a valid COS to H1 from 01-Oct-2013. For her to be in valid status on 30-Sep-2013 her H4 has to get appproved first and then only USCIS can approve a COS to H1.

This is my opinion not legal advice.

[monu2k4]

i have filed her H4 extension , last week.
while her H1 is in process .

My questiion is if H1 get approved , how can i withdraw/cancel the H4 extesion that i filed ?
should i do this only after Sep30th.

[raghvi]

You are not getting the point. You should not withdraw/cancel the H4 extension request. If you do so your spouse would be out of status from 9th August onwards.
---If H4 extension approval comes before 01-Oct-2013 no need to do anything as your spouse would automatically move to H1 from 01-Oct-2013.
---If H4 extension comes after 01-Oct-2013 your spouse would need to refile a H4 to H1 Change of Status in order to start working.

This is my opinion not legal advice.

[visa_2014]

My wife’s H4 extension was filed on 04/14 (H4 was expiring on 04/20) and it is not approved yet i.e. by 06/27/2020 But on 06/26/2020, her H1B COS petition was approved. Along with filing the H4 withdrawal, what else do I need to make sure that this H4 petiton gets withdrawn? Along with that, how can we get H4 approval notice for the period 04/21-06/25?