I-539 extension denied since I-129 was approved

[sabiha90]

Hello everyone, in a unique situation here. I had filed my H4 extension on September 29, 2020. However, my H1B got picked up during this year's lottery and also got approved on June 24, 2021 under COS with a pending H4 extension. Now on August 10, 2021, USCIS denied my H4 saying I already have an H1B approval. But my H1B gets kicked in only from October 1, 2021. Therefore, what are my options? Attorney is leaning towards leaving the country. But with current visa appointments dates unavailability, I won't be able to return before October 1 to resume my job on time. Has anyone faced a situation like this? Would appreciate your thoughts. Thanks!

[jatin.parmar]

Is your current H1 or H4 expiring before Oct 1? If yes, then leaving the country is the only option in your case.

[rkk09]

Hi,
As per your information, It seems USCIS wrongly predicted.. Since you filed H1B under quota and it will be effective only from Oct 01, Till Sep 30, you will need to maintain status.. I think, you can have a word with Attorney to appeal on your decision. But, MTR will not support you to maintain your status till Sep 30.. If possible leave country and reenter to USA with the help of H1B visa.
Thanks