Last action rule - H1B and H4 extension simultaneously for same applicant

reddy_2016

By reddy_2016,
in H1B : H-4 Issues

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reddy_2016 Member

reddy_2016

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Hello,

Could someone please explain me how the last action rule determines the status and petition validity in below scenario ? 

1) My H1B and wife's H4 are valid till Nov1, 2019 and we are planning to apply for my H1B extension and wife's H4 extension in May 2019.

2) Also, my wife will be applying for H1B in April 2019. Let's assume it will be picked in the lottery and ultimately gets approved.

I'm assuming the last action rule is based on the notice date and not on the start date of the petition. Please let me know if my assumption is wrong.

Based on this assumption, what happens in the scenario where wife's H4 extension is approved after H1B is approved ? Is H1B considered invalid in this case ? 

Thank you !

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shekar11# Advanced Member

shekar11#

Posted
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On 12/30/2018 at 10:53 AM, reddy_2016 said:

Hello,

Could someone please explain me how the last action rule determines the status and petition validity in below scenario ? 

1) My H1B and wife's H4 are valid till Nov1, 2019 and we are planning to apply for my H1B extension and wife's H4 extension in May 2019.

2) Also, my wife will be applying for H1B in April 2019. Let's assume it will be picked in the lottery and ultimately gets approved.

I'm assuming the last action rule is based on the notice date and not on the start date of the petition. Please let me know if my assumption is wrong.

Based on this assumption, what happens in the scenario where wife's H4 extension is approved after H1B is approved ? Is H1B considered invalid in this case ? 

Thank you !

Why can't you delay applying for H-4 extension. Anyway your spouse has valid H-4 status till Nov 2019. Based on the April 2019 H-1 filing you can decide whether to file H-4 extension or not. You can wait till October 2019 and then decide. Will avoid a lot of confusion.

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  • 1 month later...
aseem Newbie

aseem

Posted
Posted

Hi All

1. I am currently on H1B, completing my 6th year on 30 Jan 2019.

2. My Spouse filed for an H1 extension based on his approved I-140 in premium processing and filled for H4 COS and H4 EAD concurrently in Nov 2018 asking for a change of status starting from 31 Jan 2019 for me

3. My Spouse's H1B petition received a RFE with a due date of 2 Feb

4. Meanwhile, my employer filed for a PERM and I-140 which was approved and was able to file for a H1B extension on the 29th Jan. Based on this USCIS has approved my H1B extension from 30 Jan 2019- March 2020- we received the approval on 5 FEb 2019.

I am worried that if now my H4 COS gets approved and H4 EAD is either delayed or rejected than i will need to stop working. Can you please help me with following questions-

1. Since this was filed in premium, the RFE should get cleared in another day or two. If H4 COS gets approved now, will i be on H4 status? Based on last action rule, we filed for H1 much later than H4 was filed. However, H1 approval was received earlier.

2. If H4 gets approved and H4 EAD is delayed/rejected, than can i continue working as i already have an approve H1?

3. Worst case scenario, do i need to go to India and get my H1 stamped if H4 is approved..? Will H1 petition still be valid..?

Ideally i would want to move to H4 EAD so that i can change jobs easily but i do not want to risk being on H4 and not able to work.. Please help

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aseem Newbie

aseem

Posted
Posted
On 2/6/2019 at 11:46 AM, aseem said:

Hi All

1. I am currently on H1B, completing my 6th year on 30 Jan 2019.

2. My Spouse filed for an H1 extension based on his approved I-140 in premium processing and filled for H4 COS and H4 EAD concurrently in Nov 2018 asking for a change of status starting from 31 Jan 2019 for me

3. My Spouse's H1B petition received a RFE with a due date of 2 Feb

4. Meanwhile, my employer filed for a PERM and I-140 which was approved and was able to file for a H1B extension on the 29th Jan. Based on this USCIS has approved my H1B extension from 30 Jan 2019- March 2020- we received the approval on 5 FEb 2019.

I am worried that if now my H4 COS gets approved and H4 EAD is either delayed or rejected than i will need to stop working. Can you please help me with following questions-

1. Since this was filed in premium, the RFE should get cleared in another day or two. If H4 COS gets approved now, will i be on H4 status? Based on last action rule, we filed for H1 much later than H4 was filed. However, H1 approval was received earlier.

2. If H4 gets approved and H4 EAD is delayed/rejected, than can i continue working as i already have an approve H1?

3. Worst case scenario, do i need to go to India and get my H1 stamped if H4 is approved..? Will H1 petition still be valid..?

Ideally i would want to move to H4 EAD so that i can change jobs easily but i do not want to risk being on H4 and not able to work.. Please help

 

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  • 1 month later...
reddy_2016 Member

reddy_2016

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On 1/3/2019 at 1:45 PM, shekar11# said:

Why can't you delay applying for H-4 extension. Anyway your spouse has valid H-4 status till Nov 2019. Based on the April 2019 H-1 filing you can decide whether to file H-4 extension or not. You can wait till October 2019 and then decide. Will avoid a lot of confusion.

Because, if H1B is not picked in the lottery, at least we want to get the H4 EAD renewed before it expires in Nov 2019.

Can you please suggest if we can apply for H1B with COS, but have COS effective date after new H4 start date(Nov 2019) something like COS effective date as Dec 2019 or Jan 2020 ?

 

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