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Last Action Rule for H-1B visa extension

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  • Last Action Rule for H-1B visa extension

    Hello,

    Would really appreciate if you can reply to my query below.

    I have a issue regarding my H-1B approval notice which i just received last week. To put my case, i am working in US on H-1B which is approved till 1st July 2008. In march i am planning to go to India for a week and therefore thought to get my visa restamped in India. I therefore asked my company to get the Visa Extension applied which was done in premium processing. The premium processing was approved on 13th Feb for which we received the email from Vermont Premium Processing center. The start date of the new application is July 2nd 2008 which is in Future. Now on 14th Feb i had to travel to UK for business trips and by 21st Feb when i was returning from UK, the paper document did not reach the company and therefore i had to re-enter US on my current H-1B visa valid till 1st July 2008. Now my company says that because of the last action rule, the new visa approval notice is invalidated and we will have to reapply for the visa extension. According to them if i would have got my new approval notice at the time of re-entry i would have got my I-94 till 1st July 2011, but this is something that i will anyway get once i do my re-stamping in India and come on the new visa approval. I am not sure if the approval notice gets invalidated if the start date is in the Future and there is no change in Status and only an extension to the current status.

    In short
    Current H-1b validity is till 1st July 2008
    New Visa approval Start date is 2nd July 2008 till 1st July 2011. Approval email came on 13th Feb but the paper document did not arrive by 21st Feb.
    Reentered US on 21st Feb 2008 on current H-1B and therefore receive I-94 till 1st July 2008.

    According to attorneys, the new visa has got invalidated since i re-entered US on the current extension and not on new extension. But the start date is on 2nd July 2008.

    So would appreciate if someone can let me know if the new visa has really got invalidated?

    Regards
    Aalok Jain

  • #2
    If you have I 94 along with your new h1 extn until July 2011, it will not get invalidated.

    While returning before July 2008 with your old visa stamps, if you show your new extn papers, POE will issue new I 94 until 2011.

    There is no reason to worry about.



    Originally posted by aalokjain
    Hello,

    Would really appreciate if you can reply to my query below.

    I have a issue regarding my H-1B approval notice which i just received last week. To put my case, i am working in US on H-1B which is approved till 1st July 2008. In march i am planning to go to India for a week and therefore thought to get my visa restamped in India. I therefore asked my company to get the Visa Extension applied which was done in premium processing. The premium processing was approved on 13th Feb for which we received the email from Vermont Premium Processing center. The start date of the new application is July 2nd 2008 which is in Future. Now on 14th Feb i had to travel to UK for business trips and by 21st Feb when i was returning from UK, the paper document did not reach the company and therefore i had to re-enter US on my current H-1B visa valid till 1st July 2008. Now my company says that because of the last action rule, the new visa approval notice is invalidated and we will have to reapply for the visa extension. According to them if i would have got my new approval notice at the time of re-entry i would have got my I-94 till 1st July 2011, but this is something that i will anyway get once i do my re-stamping in India and come on the new visa approval. I am not sure if the approval notice gets invalidated if the start date is in the Future and there is no change in Status and only an extension to the current status.

    In short
    Current H-1b validity is till 1st July 2008
    New Visa approval Start date is 2nd July 2008 till 1st July 2011. Approval email came on 13th Feb but the paper document did not arrive by 21st Feb.
    Reentered US on 21st Feb 2008 on current H-1B and therefore receive I-94 till 1st July 2008.

    According to attorneys, the new visa has got invalidated since i re-entered US on the current extension and not on new extension. But the start date is on 2nd July 2008.

    So would appreciate if someone can let me know if the new visa has really got invalidated?

    Regards
    Aalok Jain

    Comment


    • #3
      Hello Aalok Jain,

      Can you update describe what happened in your case? I am anticipating a similar situation.

      Thanks,
      Brag

      Originally posted by aalokjain View Post
      Hello,

      Would really appreciate if you can reply to my query below.

      I have a issue regarding my H-1B approval notice which i just received last week. To put my case, i am working in US on H-1B which is approved till 1st July 2008. In march i am planning to go to India for a week and therefore thought to get my visa restamped in India. I therefore asked my company to get the Visa Extension applied which was done in premium processing. The premium processing was approved on 13th Feb for which we received the email from Vermont Premium Processing center. The start date of the new application is July 2nd 2008 which is in Future. Now on 14th Feb i had to travel to UK for business trips and by 21st Feb when i was returning from UK, the paper document did not reach the company and therefore i had to re-enter US on my current H-1B visa valid till 1st July 2008. Now my company says that because of the last action rule, the new visa approval notice is invalidated and we will have to reapply for the visa extension. According to them if i would have got my new approval notice at the time of re-entry i would have got my I-94 till 1st July 2011, but this is something that i will anyway get once i do my re-stamping in India and come on the new visa approval. I am not sure if the approval notice gets invalidated if the start date is in the Future and there is no change in Status and only an extension to the current status.

      In short
      Current H-1b validity is till 1st July 2008
      New Visa approval Start date is 2nd July 2008 till 1st July 2011. Approval email came on 13th Feb but the paper document did not arrive by 21st Feb.
      Reentered US on 21st Feb 2008 on current H-1B and therefore receive I-94 till 1st July 2008.

      According to attorneys, the new visa has got invalidated since i re-entered US on the current extension and not on new extension. But the start date is on 2nd July 2008.

      So would appreciate if someone can let me know if the new visa has really got invalidated?

      Regards
      Aalok Jain

      Comment

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