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  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default F1 Terminated Automatically when an Old Pending H4 Extension Application Got Approved

    In May 2013, my previous employer filed for H1B and H4 extension for us.
    In June 2013, I was laid off and the new employer filed for H1B and H4 for us in premium processing, both H1b and H4 got approved within two weeks.
    In July 2013, my wife got her I-20 from a reputed university for a two semester course. She traveled to India and came back to US within a week after getting her F-1 stamped.

    I am not sure if my previous requested USCIS to withdraw the original application for H1B/H4.

    In Nov-2013, both H1B and H4 extension filed by previous employer also got approved (filed in May 2013). We were unaware of these approvals and traveled to India in late November. When my wife returned to US after a week, she was held by Custom & Border Protection saying that her F1 had got terminated because of the H4 approval. Her university helped us and Custom & Border Protection allowed her to enter on F-1 on form 515A, after a new SEVIS was generated for her.

    1. Is it not the responsibility of the my previous employer to revoke H1b/H4 applications?
    2. When my wife left US in Aug, shouldn't her H4 extension application have automatically cancelled. Why was it still approved?
    3. Is there a way that this H4 approval be revoked, and her original Sevis be reinstated. Her course ends in May. According to the new Sevis, her F1 status will look like to be only for 6 months.

    Thanks,
    Vivek

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: F1 Terminated Automatically when an Old Pending H4 Extension Application Got Appr

    1. No. Even if your former employer assisted with the H4 application as a courtesy, it's your wife's petition and only she can withdraw it.

    2. I can't say why the prior H4 extension application was approved if your spouse had left the country.

    3. Your wife should discuss her academic situation and SEVIS with the Designated School Official (DSO) at her college.

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