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F1 visa stamped, H4 pending

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  • F1 visa stamped, H4 pending

    I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
    In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.

    Now we are very much concerned that what will happen to my H1 and her H4?

    1) Since she has F1, will it affect H1/H4 processing?
    2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ?
    3) Is it possible to have F1 and H4 both together at the same time?
    4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?

    Any help would be appreciated.

    Thanks,
    Sumanth

  • #2
    1. No. H1 will get processed as is. H4 will not get processed as the I-94 was already returned. She will remain on F1.
    2. No. Travel on a pending petition has abandoned it as I-94 was already returned and she entered with a new one on a new status.
    3. No. One can only hold one status at a time.
    4. Do nothing.

    As you mention a big company, you should discuss it with the corporate immigration lawyer as they are getting paid to guide you.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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