USCIS Last action Rule and COS

[NYWarrior]

Dear Attorneys,

How USCIS applied last action rule. please advice me on this.

i was in h4 and h1b approved last quota in august. i had to travel to india after h1b approval with will be effective from 1st oct.  i traveled back to us on h4 before 1st oct. POE stamp in h4.

1. POE stamp on h4
2. h1b approved and status change happened on 1st oct?
3. i have applied SSN on approved h1b with h1b i-94. SSN office couldn't verify it. they created uscis save case. it has been pending for long time.

so my questions are..

1. How USCIS applied last action rule?
2. which status i'm in h1b or h4?
3. how to resolve USCIS save case issues?

Thanks

 

 

[shekar11#]

1 hour ago, NYWarrior said:

Dear Attorneys,

How USCIS applied last action rule. please advice me on this.

i was in h4 and h1b approved last quota in august. i had to travel to india after h1b approval with will be effective from 1st oct.  i traveled back to us on h4 before 1st oct. POE stamp in h4.

1. POE stamp on h4
2. h1b approved and status change happened on 1st oct?
3. i have applied SSN on approved h1b with h1b i-94. SSN office couldn't verify it. they created uscis save case. it has been pending for long time.

so my questions are..

1. How USCIS applied last action rule?
2. which status i'm in h1b or h4?
3. how to resolve USCIS save case issues?

Thanks

 

 

You need to go out of country and get your H-1 stamped because you came to US after your H-1 was approved. Technically you are on H-4 status. Notice date on the petition matters. Not the H-1 start date i.e. Oct 1st.

[NYWarrior]

22 hours ago, shekar11# said:

You need to go out of country and get your H-1 stamped because you came to US after your H-1 was approved. Technically you are on H-4 status. Notice date on the petition matters. Not the H-1 start date i.e. Oct 1st.

H1b approved when i was here itself, that too it was before travel.

 

 

[shekar11#]

2 hours ago, NYWarrior said:

H1b approved when i was here itself, that too it was before travel.

 

 

Does not matter. Still you should have got it stamped and entered as H-1. Or you need to go out now and get it stamped and come back as H-1.

[NYWarrior]

1 hour ago, shekar11# said:

Does not matter. Still you should have got it stamped and entered as H-1. Or you need to go out now and get it stamped and come back as H-1.

Thanks a lot.

That means now i"m in h4 status?

In this scenario..In applies last action rule right? already approved petitions will be honored by uscis.

https://www.murthy.com/2016/06/02/travel-after-change-of-status-approval-with-future-start-date/ 

I will fall in scenario.. petition was approved when i was in US and traveled to out  and entered back in US on h4 before 1st October. This is perfect example for last action rule..

what to do now?

1. I wanted to make sure which status i'm in? H4 or H1b?
2. how USCIS applied last action rule? do we need to reach out them and how ?

Thanks.

 

[shekar11#]

On 1/18/2017 at 5:49 PM, NYWarrior said:

Thanks a lot.

That means now i"m in h4 status?

In this scenario..In applies last action rule right? already approved petitions will be honored by uscis.

https://www.murthy.com/2016/06/02/travel-after-change-of-status-approval-with-future-start-date/ 

I will fall in scenario.. petition was approved when i was in US and traveled to out  and entered back in US on h4 before 1st October. This is perfect example for last action rule..

what to do now?

1. I wanted to make sure which status i'm in? H4 or H1b?
2. how USCIS applied last action rule? do we need to reach out them and how ?

Thanks.

 

You can contact USCIS customer care and find out. These scenarios are some times tricky. Based on the link provided you should be on H-1 now. If you need H-1 status immediately you need to go out of country and get stamped or else wait till USCIS resolves the save case. Try to call customer care and see if you can expedite your case. Or else talk to a immigration attorney.