H4 to H1 status change?

[girmaji]

I have two scenarios to explain.

 

1). I came to US on H4 in February 2013. This H4 had an expiry date of April 4th 2013. So, we had to apply for  extension in March 2013 which was subsequently approved in June 2013. I received I94 too.

2). While I was on H4, I applied for H1B  visa too. I applied on April 1st 2013 in premium processing and got it approved on April 18th 2013 with start date of Oct 1st 2013. I received I94 too.

 

Please observe that my H4 was approved later than my H1. Does this effect my COS?

 

Shouldn't my status automatically change to H1 from Oct 1st 2013? Please advise.

[jairichi]

 

I have two scenarios to explain.

 

1). I came to US on H4 in February 2013. This H4 had an expiry date of April 4th 2013. So, we had to apply for  extension in March 2013 which was subsequently approved in June 2013. I received I94 too.

2). While I was on H4, I applied for H1B  visa too. I applied on April 1st 2013 in premium processing and got it approved on April 18th 2013 with start date of Oct 1st 2013. I received I94 too.

 

Please observe that my H4 was approved later than my H1. Does this effect my COS?

 

Shouldn't my status automatically change to H1 from Oct 1st 2013? Please advise.

 

You are currently on H4 status according to last action rule. To change to H1B either you could leave and enter US with a H1B visa or your employer applies for a change of status from H4 to H1B and pay H1B filing fees.

[girmaji]

Hi Jairichi,

 

Does last action rule depends on the case Receipt date or Approved date or Valid date?

 

I am confused.