Last Action Rule

[radhakrishna.siripurapu]

My H1 was approved on 16th July 2013 and valid from 1st October 2013 .As of now I'm on H4 which is expiring on 30th July hence I applied for H4 extension. My employer says that since H1 comes into picture only from 1st October so even if my H4 is approved before 1st October then also H1 will be my latest status. Is this true ?

[pontevecchio]

How does he suggest you r change of status was approved when you had no status in September to change at the time of the H1 approval. Be very careful. Just get the visa at the appropriate time and return.

[pontevecchio]

First back to basics. You came here in March? in H4 status. You filed H4 extension in _____________.

 

Your employer filed the H1 petition on ____________

[radhakrishna.siripurapu]

Hi,

 

Thanks for getting back to me.

 

Yes I came to US on 30th March 2013. My H1 was filed on 8th April,2013 and received approval on 16th July, 2013.

H4 is expiring on 30th July 2013 and hence applied for extension on 8th July, 2013.

My H4 I-94 is expiring on 10th August 2013.

[pontevecchio]

Since your H4 was to expire in July the H1 petition was most likely not approved with COS. Read your copy of the H1 approval and see what it says. You may have to leave and get the H1 visa at the appropriate time. One simple way to solve all your problems is to come back with the H1 visa at the appropriate time 10 days before start date. You could always talk to a Lawyer.