Last action rule- H1 approved, H4 COS pending due to RFE

[aseem]

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

 

 

[aseem]

On 2/6/2019 at 11:38 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

 

 

Any guidance here. I need to send the withdrawal today as my H4 is likley to be approved in a day or two... please help