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H1B Visa Last Action Rule

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  • H1B Visa Last Action Rule

    I am on h1b visa, petition expiring on 10th Feb 2012. My company has filed my h1b extension in normal processing. I have got another offer and they have filed h1b in premium processing, they got RFE and they have responded dated 14th Nov.

    Now I want to convert h1b extension in premium processing too, so is there any issue? company who is doing h1b transfer told that I should not, because as per notice of Last Action rule, if my h1b extension approved after h1b transfer then h1b transfer is invalidated and the lastest h1b extension only becomes applicable.

    Is it true? Please advise.

  • #2
    Last action rule only applies when you change your status from one to another. H1B extension and transfer doesn't have any impact on the last action rule since you status remain to be H1B irrespective of whichever petition gets approved first.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Transfer is not a transfer, you can work for any one employer as long as the employer's corresponding petition is valid.
      This is my opinion and not legal advice.