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Question

Hi, I need your advice on my case. I was on H1 which was valid till 15-Sep-2020. Due to personal reason, I wanted to move to H4 so applied H1 to H4 COS (With my spouse's approved H1B petition) on 01-Sep-2020. While my COS petition is pending with USCIS, I travelled to India for emergency on 13-Mar-2021 and then I got my H4 stamping (18-Mar-2021) by visiting US Consulate in India with my spouse's H1 petition. I travelled back to USA on 30-Mar-2021 with approved H4 Stamping and got my new I-94. A month later, I received an job offer so applied H4 to H1B COS on 21-Apr-2021 My H1B got approved on 07-May-2021 While I thought of withdrawing my H1-H4 COS petition which was applied on Sep-2020, I got an email notification that RFE has been sent for my petition but I didn't receive it till date. I raised service request for the same but no response so far. However, I would like to withdraw this petition. If I withdraw my i539 application which filed on Sep 2020, will I be considered out of status from Sep 2020 to Mar 2021? Thanks Bhuvana

User's Location: Plano, Alabama, United States of America

Category: H1B Visa (Work Visa)