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My wife was on H4 with EAD. Then her employer applied for H1b on 1st April 2018. While her H1b petition was pending approval, my employer filed H1b extension for me and H4 (as extension) with EAD extension application for my wife.

Later we found out that my wife's H1b got approved with immediate change of status effective from 7th Dec 2018. And her H4 extension got approved on 21st Dec 2018 with future effective date of 11th May 2019.

My understanding is that she is in H1b status now, will it change automatically back to H4 on 11th May 2019? As we had originally applied for h4 extension and not for change of status, will the rule of last action still apply?
in H1B Visa by (120 points)

1 Answer

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My understanding is that she is in H1b status now, will it change automatically back to H4 on 11th May 2019?
YES, withdraw the H4 by writing a letter to USCIS and attach the H-1B Approval. Explain that H-1B is approved and would like to continue on it.
by (41.1k points)



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