H-1B filing when H-4 extension is pending

[VasaviVangala]

Hi,

I am currently in the US on an H-4 VISA that expires in end of July'2011. My extension was filed in March'2011 but the approval hasn't come yet. I have received the receipt number. My Husbands H-1B extension has been approved.

I now have a company ready to sponsor my H-1B. Could I go ahead with the filing of my H-1B before my H-4 extension gets approved?

Highly appreciate any information on the above.

[shervin143]

You can. But be aware of the last action rule. If the H4 petition gets approved after the H1B approval (if H4 becomes effective after the H1B effective date), then your status will change to H4 and you cannot work unless you file a COS back to H1B or leave the country and return back in H1B visa. That is why it is never advisable to file multiple petitions (requesting different status) at the same time.

[VasaviVangala]

Thanks Shervin.

My new H-1B will be filed giving the reference of the receipt number of the H4 extension .... so I thought there would not be any issue with the last action rule .... could you please clarify?

Thank you very much.

[shervin143]

Last action rule still applies. Reference to the pending H4 petition doesn't have any impact.

Thanks Shervin.

My new H-1B will be filed giving the reference of the receipt number of the H4 extension .... so I thought there would not be any issue with the last action rule .... could you please clarify?

Thank you very much.

[VasaviVangala]

Thanks Shervin.

Should it happen that my H-1B gets approved and after that my H-4 gets approved, should I go back to India and get my H1-B stamped and return and start working?

Highly appreciate your time & effort.

[VasaviVangala]

Just another question .... for H1-B, last action rule acts on Approval Date or Effective Date?

for example, if my H1-B will get filed this week and gets approved by 1st August' 2011 and my H-4 extension gets approved on 1st September'2011 ..... would I be on H-4 or H-1B? given that H1-B is valid from October 1st' 2011 making that as the last action ....

Kindly clarify

Thanks Shervin.

Should it happen that my H-1B gets approved and after that my H-4 gets approved, should I go back to India and get my H1-B stamped and return and start working?

Highly appreciate your time & effort.

[shervin143]

Yes.

Should it happen that my H-1B gets approved and after that my H-4 gets approved, should I go back to India and get my H1-B stamped and return and start working?

[shervin143]

Effective date.

Just another question .... for H1-B, last action rule acts on Approval Date or Effective Date?

for example, if my H1-B will get filed this week and gets approved by 1st August' 2011 and my H-4 extension gets approved on 1st September'2011 ..... would I be on H-4 or H-1B? given that H1-B is valid from October 1st' 2011 making that as the last action ....

Kindly clarify