Applied h-4 extesion as well as h1-b extension what can be done now

[Abm]

Hello,

My H1-B got approved last year on Oct 1, 2014. But due to personal reasons I could not start working and then my status was changed to h4 (The reason is either I was in India during the lottery process or due to extension of h4 filed by my husband's employer).
Now my H1-B approval is expiring on Sep 30, 2015 and I have found a Full Time job a few days back. My employer has initiated my CoS from h4 to h1 and visa extension. My h4 is expiring on Dec 25th, 2015. And my h4 extension petition was also filed in Jul'15.
My question is what should I do now to keep my h1b good?
If we withdraw H4 petition and h1b got rejected then what can be the solution ?

Thanks in advance!

[shervin143]

There isn't much you could do now. Even if you try to withdraw the H4 extension, sometimes it might go through. Was your H1B COS filed through normal process or in premium? If H1B becomes effective first, then you should immediately start working for the employer and should get paid to maintain the H1B status. If H4 gets effective later after the H1B effective date, you should stop working immediately. To begin working again you need to get back to H1B status. Two options.

1) Leave the country and return back in H1B visa.
2) File a COS from H4 to H1B. You cannot work until the COS gets approved. There is a premium processing that will get you the result within 15 days.

If you are successful in withdrawing your H4 extension and if the COS to H1B gets denied, then you will have to leave the country and return back in H4 visa or file a H4 extension at that time provided your I-94 hasn't expired. If H1B is filed in normal process and if the decision on the H1B petition hasn't been made and if you have already withdrawn your H4 extension, then you need to leave the country before your I-94 expires and should return back only after a decision on the H1B petition is made. If H1B is approved, return back in H1B visa and begin working. If H1B petition is denied or if the H1B visa is denied, then return back in H4 visa and be a dependent.

[Abm]

Thank you very much for your reply!

Can you please let me know how to file h4 extension withdrawal with USCIS. What should be the format of letter which I need to send to USCIS.
Also, can I myself withdraw my h4-extension application or my husband's employer has to do that(who filed my h4 extension).

Regards,
ABM

[shervin143]

Can you please let me know how to file h4 extension withdrawal with USCIS. What should be the format of letter which I need to send to USCIS.
>>> No specific format. Just write a letter and indicate that you would like to withdraw your H4 extension. Mention the reason for withdrawal. Include all teh details from your passport and receipt notice so USCIS can identify your petition. Include copies of your passport and H4 receipt notice.

Also, can I myself withdraw my h4-extension application or my husband's employer has to do that(who filed my h4 extension).
>>> You can do it yourself.