Multiple H4 petitions approved after H1 COS approved. Pls help!

[Rishik]

What is the name of your state? What is the name of your state? California

My wife H1b was valid till 12th Jan 2019 and

I 94 till Jan 22, 2019.

Due to health reasons she had to take a break from work, We applied for H4 through my employer A, on Jan 10,2019 .

I had to change job right away and another h4 along with my H1b transfer was also applied through my new employer B on Jan 25th.

She got back to work in April, after her employer filed h4 to h1 COS and got approved on April 18th.

Yesterday we received mail from USCIS saying H4 has been approved through employer B.

Since my wife’s employer already applied for change of status from h4 to H1, we are confused why we received H4 approval after COS has been done?

Now she is actively working on H1b, what is considered her current status? We are expecting, her maternity leave starts in a month and she wouldn’t be able to travel much at this time.

Is there any way to withdraw H4 application without leaving the country? Since COS was approved in April, Could this H4 approval be contested?

Please suggest if anyone had come across any scenario like this?

I appreciate your time and response.

Thanks
Rishi Nith

 

[cbg]

When you contacted an immigration attorney, what did that attorney say?

 

[Rishik]

They

When you contacted an immigration attorney, what did that attorney say?

Said its gray

When you contacted an immigration attorney, what did that attorney say?

Attorney says they haven't experienced any such case before, said its gray area. They said they will send withdrawal notice for h4 now. But from what I know we cannot send withdrawal notice after approval.
Also when COS approved, they said h4 approval is not valid. Yet I dont think attorney is confident about what she says.

 

[xylene]

Yet I dont think attorney is confident about what she says.

Options:

1. Get a second opinion from a lawyer who expresses confidence in their statements / guidance

2. Ask your current attorney to articulate their thoughts more definitively or to explain why they appear indecisive

3. Do both of the above.

 

[FlyingRon]

You have unclear antecedents in your explanation. Who is THEY in your second post? When you have multiple people with multiple visas, you need to clear what you are talking about. I'm unclear if you have an H1B visa now or in the past (and there's no such real process as "transferring" an H visa. You apply for a new one with the new employer, you just get to skip some steps you've already done on the previous one.

You could clarify this to make it all clear to us, but your attorney is in a better situation to advise.

 

[t74]

Ask about "last action rule". Dates are significant. Consult an employment immigration law specialist.