Question:
Do I have a choice to keep status out of 2. I am on H1B visa granted on 18th August, 2020 effective date is 1 October, 2020. My wife and dependent children ( 5 & 8 year old ) petition is pending for B2 extension and H4. I filed both application back in June 2020. I filed B2 extension as it’s going to expired on June 16, 2020. Then a week later my lawyer filed my H1B along with dependents H4’s. What will happen if I get approval for their B2 extension in next couple of weeks time ? Can I wait for H4 approval and then let USCIS know that I wanna keep dependents H4 status. As delay in process is from USCIS side, we have applied within the time frame.
Answer:
One should be withdrawn and then there is another issue of the last action rule. Be aware whatever is last approved is her status.
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