QUESTION

Last action Rule - H4 expired

Asked on Jul 07th, 2021 on Immigration - California
More details to this question:
I have applied for H1 to H4 COS on Sep 2019 and it was approved on Dec 2020 with validity until 12/12/2020. Meanwhile on Nov 2019, I applied for H4 extension - It approved on June 2020 and valid until Oct 2021. I am working in EAD, my employer is processing my H1 now. While processing the legal team has mentioned per last action rule my H4 is expired in Dec 2020. I am clueless on what is last action rule and what is the steps to be taken.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Under the last action rule, the last action counts as the final action of USCIS, so what the legal team appears to be telling you is that there may be an issue since your H-1B with validity until 12/12/20 was approved in December 2020 after your H-4 extension application with validity until October 2021 was approved earlier in June 2020. Technically, your status is H-1B with an expiration date in December 2020. Hopefully, USCIS will just let it go when it processes your employer's H-1B petition. In looking at the fact situation, it appears that USCIS should either have approved the change of status application in June 2020 before it approved your H-4 extension, or it should not have made the later adjudication since it must have tacitly approved the change of status request in June 2020 to even give you the extension. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.
Answered on Jul 24th, 2021 at 1:05 PM

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