Last action rule USCIS

[mirzait]

Shervin has responded to the query -
I am posting here....

Question to Shervin:
How about the effective date theory? if my wife H4 gets approved after she enters US on H1 then the effective date of H4 will be the next date after the expiry i.e. Aug 1 2011 which is before the H1 effective date.

Will she have any problem at consulate during interview for H1 because her H4 is pending approval?



Re: Last Action rule by USCIS

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Please post your questions in the public forum and don't send any private messages.

If the H4 gets approved with a new I-94 when she is out of U.S, then you need to return that I-94 to CBP mentioning that she was away from the country. A person should not have any I-94 when he/she is out of U.S. Follow the below link to return the I-94.

https://www.immihelp.com/usa-visas/return...rm-to-cbp.html

When she returns back in H1B visa, she will get a new I-94 att he POE and as per the last action rule that will take effective.

On the other hand, if she returns in H1B visa and get a new I-94 at the POE and later her H4 gets approved with a new I-94, then her status will change to H4 and she cannot work until another COS to H1B is filed and that gets approved or she leaves the country and returns back in H1B visa again.


Quote:
Originally Posted by mirzait
Hi Shervin,

I was going through the link http://www.immihelp.com/forum/showth...630#post238614 for a similar situation with my wife's H1B.

Scenario:

My wife H1B was applied while she was on H4 on Apr 12 2011 (no COS. Applied in normal quota).
Her H4 expired on July 31 2011 and we filed an extension well before that on June 25 2011.
Her H1 got approved effective Nov 13 2011.
H4 extension is still under progress after an RFE.
she travelled to India on Jan 5 2012 and will go for visa stamping for H1 on Jan 27 2011.

Please let me know what will happen if her H4 gets approved after visa stamping interview? You mentioned in the above link that EFFECTIVE DATE plays the role. If thats the case then H1 effective date is later than H4 effective date (as USCIS if approves has to approve from Aug 1 2011 as effective date as H4 expired on July 31 2011)

Need your help. Please suggest.

Regards,
Mirza

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[mirzait]

last action rule

Question to Shervin:
How about the effective date theory? if my wife H4 gets approved after she enters US on H1 then the effective date of H4 will be the next date after the expiry i.e. Aug 1 2011 which is before the H1 effective date.

Will she have any problem at consulate during interview for H1 because her H4 is pending approval?

[shervin143]

How about the effective date theory? if my wife H4 gets approved after she enters US on H1 then the effective date of H4 will be the next date after the expiry i.e. Aug 1 2011 which is before the H1 effective date.
>>> The effective date of the petition will be mentioned in the approval notice. The status will change as per the last petition that gets effective irrespective of the date of approval.

Will she have any problem at consulate during interview for H1 because her H4 is pending approval?
>>> No issues. Technically her H4 extension should get denied since she left the country while it is in progress.