Current status is H1b or H4?

[jim79]

Hi,
I came to US on Feb 2010 on an H4 visa expiring on 23 Sep 2010. In 2010 April I had applied for H1b (COS) through an employer and it approved on May 2010 to start with Oct 1 2010. Since my h4 visa was expiring on 23 Sep we extended it along with my husband's H1b. Now I am on which visa H1b or h4. I heard that there is a last action rule which makes the latest visa valid . is that correct? . Now if I want to start working ( I am pregnant now and planning to start employment from march only) should I do a COS?

I have 1-94 attached with both h4 and h1b
h4 I-94 is from 22 Sep 2010 -21 Sep 2012
h1b I-94 is from 1 oct 2010 -30 sep 2013
please advice me,

thanks
jim

[shervin143]

Since the effective date of the H1B I-94 is after the effective date of the H4 I-94, as per the last action rule, you are in H1B right now. When you are in H1B, you should be working and getting paid to maintian your H1B status. If you don't want to work, you should either apply for a COS from H1B to H4 immediately or leave the country (Return all I-94's) and re-enter back in H4 visa.

[Subramanya]

I came to US on Feb 2010 on an H4 visa expiring on 23 Sep 2010. In 2010 April I had applied for H1b (COS) through an employer and it approved on May 2010 to start with Oct 1 2010. Since my h4 visa was expiring on 23 Sep we extended it along with my husband's H1b. Now I am on which visa H1b or h4. I heard that there is a last action rule which makes the latest visa valid . is that correct? . Now if I want to start working ( I am pregnant now and planning to start employment from march only) should I do a COS?

I have 1-94 attached with both h4 and h1b
h4 I-94 is from 22 Sep 2010 -21 Sep 2012
h1b I-94 is from 1 oct 2010 -30 sep 2013
please advice me,

---- If you have applied for a COS from H1 to H4 aftere receiving your H1 then H4 will be your ideal status

---- If you want to work from march 2011 then you can do a COS from H4 to H1 around the month of january 2011, so that you get your H1 approval by March 2011. At that time you can start working

Subramanya

[jim79]

If I apply for a COS from h1b to h4, when can I stop working?
after the completion of COS process or just after applying for it?

[shervin143]

You can either stop working after receiving the receipt notice from USCIS or you can continue working until the COS gets approved. You have to stop working immediatley when the COS gets approved.

If I apply for a COS from h1b to h4, when can I stop working?
after the completion of COS process or just after applying for it?

[vin15]

I m in similar situation. My H1 got approved and h4 expired on sept4 2010. I applied for H4 extension withdrawal last week.That way we need not do change of status later when we get h4 extension is approved.