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Last Action Rule implications?

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  • Last Action Rule implications?

    Hi,

    I am working for company A on L1 B visa. My L1 B visa and I-94 expired on 1st Sept, 2015. The company has filed my L1B extension. In April the company also filed my H1B for which we need to respond to a RFE by 2nd November. Now suppose H1B gets approved on 15th Nov 2015 and L1 B gets approved on 20th Nov, 2015 due to the last action rule I will have to remain on L1B status. I want to know whether H1 B will still remain approved and I can be utilized for the following or not -

    1. Same company files an L to H amendment after the L1 was approved
    2. Company B can apply for a H1 B transfer and if done I can leave the current company and join company B
    3. Will my H1 B be completely invalidated and in future will I have to go through the lottery again
    4. If I go back to base country my company can choose the stamping for the visa type

    Thanks,
    Sam

  • #2
    1. Same company files an L to H amendment after the L1 was approved
    >>> Yes.

    2. Company B can apply for a H1 B transfer and if done I can leave the current company and join company B
    >>> Possible. Join Company B only after the transfer gets approved.

    3. Will my H1 B be completely invalidated and in future will I have to go through the lottery again
    >>> No

    4. If I go back to base country my company can choose the stamping for the visa type
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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