How to find out our current non immigration status?

[flexan]

Hello Gurus,

As the title indicates I have a question on "How to find out our current Non-Immigration" status? I know we generally base it on the I-797c Notice of action taken on the application that is filed with USCIS, but the situation is little different as described below.

Here are the sequence of events that took place:

Status Prior to 5/11/15 -- H4

05/11/15 -- Applied for Extension of Status (I-539)

06/15/15 -- Applied for change of status from H4 - H1B and the H1B COS is approved. At this point the attorney requested USCIS to VOID the H4 extension of stay which was pending at this point of time with USCIS.

11/17/15 -- USCIS approved application I-539

Now is it possible to request USCIS to VOID the I-539 application and keep the status to H1-B?

Thanks and appreciate your response.

[Kanmani]

No.
Current status is H-4.

Two options to revert back to H-1.
1. COS petition.
2. Exit and re-enter with new H1 stamp.

[flexan]

Thanks Kanmani for the reply. I have received a word from my attorney on this situation, and he is recommending to just file a H-4 withdrawal application and that will do it. He didn't think a COS petition is needed.

[Kanmani]

flexan, you said H-4( I-539 ) was already approved. How do you withdraw a petition which is no longer pending ?

Update us when you get more details.

[flexan]

The attorney is drafting a letter asking USCIS to withdraw the approved H-4 petition since the H-1 petition is already approved. I will update on the outcome once I formally hear from USCIS.