Last Action Rule---What's the current status--Please help

[anubhav_st]

Hi All,

My wife entered US first time on Dec 05 on L2 and applied for H1b with a change of status.Then she went to India in Aug 06.While she was in India her H1b was approved with a new I-94 indicating her change of status.
But she re entered US in SEP 06 using her L2 visa and was granted a new I-94 at POE with L2 written over it.
Can you please help and let me know as per last action rule what would be her current status.Also please note that her H1 was approved when she was in India on vacation and she re entered US after that.

I appreciate all the help!!

Thanks

[anubhav_st]

Last Action Rule---What's the current status--Please help

Hi All,

I forgot to add that the I-94 attached with H1b approval has the date valid from 10/01/06 till 09/30/09.
So When she re enterd US on sep 06 she had the approved H1b with I-94 valid from 10/01/06 till 09/30/09.But this H1b was approved on Sep 11 when she was in India and re entered on L2 and got new I-94 with L2 written over it.
So as per last action rule will she be in L2 status or she be in H1b because the I-94 attached to H1b says valid from 10/01/06 till 09/30/09.