Q: H4 Status when H-1B revoked by old company
I recently changed my job and my H-1B has been filed by new employer and it is not approved yet. My spouse H4 (form I-539 approved and valid until May 2022 from my previous employer) was not filed by new employer.
Couple of days back my H-1B (form I-129) has been revoked by my previous employer.
What happens to my I-94 status acquired from my previous employer?
What happens to my spouse I-94 status acquired from my previous employer?
What happens to my spouse H4 EAD status?
Do you recommend filing a new H4 (form I-539) through my new employer?
Thank you for your help!!
A: If the FORM I-129H by your spouse’s employer was filed with USCIS before the withdrawal of the H-1B by the prior employer then the H-4 status, in general, remains valid.
However, you should request guidance from your spouse’s employer who is assisting with the filing of the FORM I-129H.
Good luck to you.
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