If my H1B Visa is approved first and then my H4 gets approved, do I loose my H1B?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my H1B Visa is approved first and then my H4 gets approved, do I loose my H1B?

Currently, I am in the U.S. on an 4 Visa which is expiring on 24 AUG 2017 and I have filed for H4 Extension on May 20 2017. Also, my H1B Application is picked in the lottery this year and it is processing Not approved yet. So, what happens if my H1B gets approved first which will be valid from 1st OCT 2017 and then my H4 gets approved? Do I loose my H1B? If not, then can I apply for Change of status COS from H4 to H1?

Asked on May 23, 2017 under Immigration Law, North Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your H-1B is approved before the H-4 you can withdraw the H-4 petition.  It really depends on what was filed when in terms of order.  If this was done by an attorney who is aware of all the applications/petitions filed and when it is probably best for you to consult with that attorney since he/she would be assisting you with the withdrawal, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption