H4 to H1 and last action rule

[raws23]

Hi,

I am currently on H1B visa and my wife is on H4 visa and we both have valid visa / i94 till 3rd September 2012. My company filed for my H1 extension and my wife's H4 extension and we both got our visas extended with I94 from September 4th 2012 till September 3rd 2015. The approval date for my H1 extension and my wife's H4 extension was July 16th. However, a company filed for my wife's H1B visa (first time H1) back in June and her visa was approved on July 13th effective from October 1st,2012. In addition my wife's I797 for the H1B came with an I94 valid from October 1st 2012 to September 30th 2015.

So essentially she has two I94s now: one for H1 and one for H4. H4 effective date is 4th September and approved on 16th July and H1 effective date is 1st October and approved on July 13th.

My question is: what will be her status on 1st October, H1 or H4?

Since, H4 was approved after H1 approval will that invalidate her H1 ( although H1 effective date is after H4)?

If her H1 becomes invalidated because of H4 approval after H1, then what would be the appropriate step to restore her visa to H1 from 1st October ? Should we file for a change of status from H4 to H1 or go for consular stamping?

I would greatly appreciate if senior members / attorneys can clarify my queries?

Thanks in advance

[pontevecchio]

You do realize that you cannot file a COS. This is the realm of the employer. She should consult her employer and then leave and come back on the h1 VISA AT THE APPROPRIATE TIME.

[raniraj]

Hi,

I am in same situation. I need your help URGENTLY.

My situation is below::

My H1B reciept date is May 21st approved on Oct2nd 2012.Applied by Employer A.

My husband's H1B and My H4 extension receipt date May 22nd and approved on Oct19th 2012.Applied by Employer B.

(Original one was expiring on Sept 17th 2012 so he applied for extension)

I went to SSN office for applying SSN on Oct29th 2012 and they said it is still showing as H4. So couldn't apply.

I don't know the exact reason why it is on H4?Is it because of my recent H4 approval?

What can I do now? Can anybody please help me.

Thanks,

Souji

[RevathiD]

Hi ,

Please help me, what you have done for H1 in this situation.

 

Thanks,

Revathi.