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  • Last Action Rule

    My H1 was approved on 16th July 2013 and valid from 1st October 2013 .As of now I'm on H4 which is expiring on 30th July hence I applied for H4 extension. My employer says that since H1 comes into picture only from 1st October so even if my H4 is approved before 1st October then also H1 will be my latest status. Is this true ?

  • #2
    Originally posted by Radha Krishna View Post
    My H1 was approved on 16th July 2013 and valid from 1st October 2013 .As of now I'm on H4 which is expiring on 30th July hence I applied for H4 extension. My employer says that since H1 comes into picture only from 1st October so even if my H4 is approved before 1st October then also H1 will be my latest status. Is this true ?
    Yes your employer is right. But only if H4 gets approved before 01-Oct-2013. If H4 gets approved after 01-Oct-2013 you would move back from H1 to H4.

    This is my opinion not legal advice.

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    • #3
      Last Action Rule

      Originally posted by raghvi View Post
      Yes your employer is right. But only if H4 gets approved before 01-Oct-2013. If H4 gets approved after 01-Oct-2013 you would move back from H1 to H4.

      This is my opinion not legal advice.
      Does this mean that I'll loose H1 petition validity completely or I can convert back to H1 after applying COS from H4 to H1 ??

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      • #4
        You can apply for H4 to H1 COS later on once the H4 is approved.

        This is my opinion not legal advice.

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