An international worker on an H-1B visa recently shared a complicated immigration issue on Reddit. The case involved a mistake while withdrawing an H-4 application. The error created a serious status problem that could have affected the worker’s employment in the United States.
The worker had applied for an H-4 Change of Status during a job transition last year. Before the application was approved, the worker received a new job offer. The new employer then filed an H-1B petition to continue the worker’s employment.
While withdrawing the earlier H-4 application, the worker accidentally withdrew only the work authorisation request. The H-4 Change of Status remained pending. This mistake later created a legal conflict between the worker’s immigration status and employment.
The H-4 Change of Status was eventually approved in August 2025. However, the worker’s H-1B petition had already been approved in May. Under the Last Action Rule, the later approval meant the worker’s status shifted back to H-4.
This change placed the worker on H-4 status without an Employment Authorization Document. As a result, their job with the new employer technically became unauthorised. The employer discovered the issue in early 2026 and began reviewing possible solutions.
The company feared that USCIS could deny another Change of Status to H-1B due to the unauthorised employment period. If that happened, the worker would need consular processing abroad. This situation could also trigger a $100,000 H-1B visa related fee.
To resolve the issue, the company’s legal team filed an H-1B transfer under Premium Processing. They also requested a Change of Status. The petition relied on INA 245(k), which allows limited forgiveness for certain immigration violations.
INA 245(k) generally applies to applicants with an approved I-140 immigrant petition. The rule can forgive up to 180 days of unauthorised work. In this case, it was used to help correct the worker’s temporary status violation.
In an uncommon outcome, USCIS approved all pending applications together. The worker received a new I-797A approval notice. A fresh I-94 record also confirmed the worker’s valid H-1B status.
The decision allowed the worker to continue employment legally. It also prevented the need for consular processing and avoided the potential $100,000 fee. The case highlights how complex immigration rules can affect workers and employers.
