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

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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