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Hi,
Last year my H1b was expiring in September. My employer filed for my h1b extension and after I got the reciept I travelled to Europe and then came back in August . After I came back I received my H1b extension approval in Oct. Now I gotta job in another company and they filed for my H1b transfer . The lawyer said the following
I would hope as well that USCIS implements the last action rule and takes the position that your travel while your extension was pending did not void the request for extension. If they were to take a hard line position, then your H-1B Petition would likely still be approved, but they would ask you to depart the U.S. and re-enter in H-1B status
Question
I read online and Last action rule states that
Because of the last action rule, aliens with pending applications for Extension of Status, or a Change of Status with a request for a later expiration date, should be warned that if the application is approved while they are abroad and they return to the U.S. on their original visas the new 1-94 issued upon their entry into the U.S. will trump the I-94 attached to the Notice of Approval and the 1-94 with the earlier expiration date will be controlling. In such situations, a new application for Extension of Status will be required.
So this rule doesn't apply to me correct? As I entered USA before my H1b extension approval correct?
Thanks
Last year my H1b was expiring in September. My employer filed for my h1b extension and after I got the reciept I travelled to Europe and then came back in August . After I came back I received my H1b extension approval in Oct. Now I gotta job in another company and they filed for my H1b transfer . The lawyer said the following
I would hope as well that USCIS implements the last action rule and takes the position that your travel while your extension was pending did not void the request for extension. If they were to take a hard line position, then your H-1B Petition would likely still be approved, but they would ask you to depart the U.S. and re-enter in H-1B status
Question
I read online and Last action rule states that
Because of the last action rule, aliens with pending applications for Extension of Status, or a Change of Status with a request for a later expiration date, should be warned that if the application is approved while they are abroad and they return to the U.S. on their original visas the new 1-94 issued upon their entry into the U.S. will trump the I-94 attached to the Notice of Approval and the 1-94 with the earlier expiration date will be controlling. In such situations, a new application for Extension of Status will be required.
So this rule doesn't apply to me correct? As I entered USA before my H1b extension approval correct?
Thanks
