Last Action Rule H1B and H4

In my opinion, the last action on an H-1B cap case is the automatic change of status on October 1st. It would not make sense to regard the approval of such a case as the date of change of status since the status cannot go into effect until October 1st. Where F-1 students are holding OPT until the date that the H-1B is filed in April, U.S.C.I.S. regards them as F-1 students during the cap gap period between the ending of their status and October 1st. Thus to be consistent, your wife should be regarded as under H-4 status until the effective date of the H-1B. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.