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Hello,
In Dec'22, we submitted change of status from H1B to H4/EAD. In March'23 we got notice from USCIS that EAD is rejected since H4 visa is approved. This was clearly a clerical error . So we requested to withdraw Dec'22 H4 visa and filed everything fresh application of H4/EAD in May'23 . Now in June'23 Dec'22 ( old application) H4 visa got approved so that tells me withdrawal request of old application is not reviewed or executed. Now we have filed for Ombudsman hoping above clerical issue can be resolved.
Below is timeline same information mentioned above
Dec'22 : H4 and EAD application filed
March'23 : EAD denied due H4 visa not reviewed ( clerical Error )
April'23 : Withdrawal of Dec'22 application sent to USCIS
May'23 : new H4/EAD application filed
June'23 : H4 from Dec'22 application approved
July'23 : Filed for Ombudsman
Question
1) Is the Ombudsman right way to approach or is there a different way to resolve this ?
2) What is experience with Ombudsman timeline to resolve the issue ?
3) Is there anything other path to resolve this ?
Note : My spouse H1B visa for 6 years is already completed and here employers don't want to file for Green Card hence H4 Visa followed by EAD .
In Dec'22, we submitted change of status from H1B to H4/EAD. In March'23 we got notice from USCIS that EAD is rejected since H4 visa is approved. This was clearly a clerical error . So we requested to withdraw Dec'22 H4 visa and filed everything fresh application of H4/EAD in May'23 . Now in June'23 Dec'22 ( old application) H4 visa got approved so that tells me withdrawal request of old application is not reviewed or executed. Now we have filed for Ombudsman hoping above clerical issue can be resolved.
Below is timeline same information mentioned above
Dec'22 : H4 and EAD application filed
March'23 : EAD denied due H4 visa not reviewed ( clerical Error )
April'23 : Withdrawal of Dec'22 application sent to USCIS
May'23 : new H4/EAD application filed
June'23 : H4 from Dec'22 application approved
July'23 : Filed for Ombudsman
Question
1) Is the Ombudsman right way to approach or is there a different way to resolve this ?
2) What is experience with Ombudsman timeline to resolve the issue ?
3) Is there anything other path to resolve this ?
Note : My spouse H1B visa for 6 years is already completed and here employers don't want to file for Green Card hence H4 Visa followed by EAD .
