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H1 Transfer Last Action Rule
I'm currently facing a situation where my Visa is expired on March 2016.
My company filed an amendment in Aug 2015 and an extension in Dec 2015. The extension was done in premium processing and got approved. The amendment which was done in normal processing got approved after the extension, i.e., May 2016. But since the amendment was done on the basis of an expired I-94, the lawyers in my company says that it trumps the extension and I have to go back to India immediately and get stamping done on the basis of the extension(Due to the Last Action Rule on the I-94)
I have a few concerns:
a) Is this stamping necessary to be done right now? I have no plans to travel to India right now.
b) If I change the employer now, will the Last Action Rule still apply or would I face any more issues? (I'm asking this because I have been planning to change the employer and they would file the H1 Transfer in Premium Processing)
Please give any advise/suggestions on this.
Thanks
My company filed an amendment in Aug 2015 and an extension in Dec 2015. The extension was done in premium processing and got approved. The amendment which was done in normal processing got approved after the extension, i.e., May 2016. But since the amendment was done on the basis of an expired I-94, the lawyers in my company says that it trumps the extension and I have to go back to India immediately and get stamping done on the basis of the extension(Due to the Last Action Rule on the I-94)
I have a few concerns:
a) Is this stamping necessary to be done right now? I have no plans to travel to India right now.
b) If I change the employer now, will the Last Action Rule still apply or would I face any more issues? (I'm asking this because I have been planning to change the employer and they would file the H1 Transfer in Premium Processing)
Please give any advise/suggestions on this.
Thanks
