I applied for H4 COS, then a new employer filed H1B for me. Both got approved on the same day. USCIS live agent said H1B was approved first, then H4 — implying H4 is my active status under the last action rule.
But the H1B approval notice explicitly says "we are granting you change of status." Both approvals have the same I-94 number but different expiry dates — H1B valid until 2029, H4 until 2028.
I went for biometrics on April 7 and have a pending EAD application. My employer rescinded the offer assuming I'm on H4 — but nobody is sure. If I'm actually on H1B, my 60-day grace period is running out end of May.
I've consulted 3 lawyers and none can determine my active status with certainty. I've requested a Tier 2 USCIS officer callback but have been waiting weeks with no response.
All I need to know is: am I on H1B or H4 right now?
Has anyone dealt with dual same-day approvals like this? How did you determine your active status? Living under extreme stress — any help appreciated.