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I had entered US with my family in Dec 2014 on H4 visa which was valid upto 30th November 2015. In November 2015, my H1-B was applied by ABC company. At the same time my H4 extension was applied by my spouse's company.
On November 23rd, my H1B was approved (valid upto November 2018) and I started working for ABC company.
I asked my spouse's attorney to withdraw my H4 extension application. My H4 extension application (form I-539) included me and my two children.
Now the USCIS has responded saying that either the entire application (including both children) be withdrawn in which case my kids will have to leave US as their H4 status is already expired, or leave the entire application pending. USCIS is not allowing withdrawal of only my application.
In case we leave the entire application pending and it gets approved, will that change my status from H1B to H4? If yes, then what are my options to be back on H1B?
Can I continue with my job at ABC company or is my job at risk?
Pl guide.
Reema
On November 23rd, my H1B was approved (valid upto November 2018) and I started working for ABC company.
I asked my spouse's attorney to withdraw my H4 extension application. My H4 extension application (form I-539) included me and my two children.
Now the USCIS has responded saying that either the entire application (including both children) be withdrawn in which case my kids will have to leave US as their H4 status is already expired, or leave the entire application pending. USCIS is not allowing withdrawal of only my application.
In case we leave the entire application pending and it gets approved, will that change my status from H1B to H4? If yes, then what are my options to be back on H1B?
Can I continue with my job at ABC company or is my job at risk?
Pl guide.
Reema
