H1 & H4 Question


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Hi, 

 

My H1B is applied on 8th April,2013 and my application is still pending. 

My H4 is expiring on 30th July 2013. Due to budget issues I cannot afford to travel to my home country during 30th July and 1st October (I'm hoping that by 1st October my H1B will be approved and comes with new I-94). 

What are my options ? - I can get H4 extension done but if H4 is approved after H1...does "Last Action rule" applies ?

I consulted my employer ..who says to apply for H4 extension and If H1 approved first then I can simply withdraw my H4 extension application. 

But what will be my status between H4 expiry and H1 approval. 

 

Employer also says that H4 withdrawl is legal because I have applied for H4 extension during that period and also fresh H1b comes with new I-94 for those already in US and no need to apply for I485 for change of status. 

Please suggest!!!

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Hi, 

 
My H1B is applied on 8th April,2013 and my application is still pending. 
My H4 is expiring on 30th July 2013. Due to budget issues I cannot afford to travel to my home country during 30th July and 1st October (I'm hoping that by 1st October my H1B will be approved and comes with new I-94). 
What are my options ? - I can get H4 extension done but if H4 is approved after H1...does "Last Action rule" applies ?
I consulted my employer ..who says to apply for H4 extension and If H1 approved first then I can simply withdraw my H4 extension application. 
But what will be my status between H4 expiry and H1 approval. 
 
Employer also says that H4 withdrawl is legal because I have applied for H4 extension during that period and also fresh H1b comes with new I-94 for those already in US and no need to apply for I485 for change of status. 
Please suggest!!!
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