COS - Getting H1B back if lost due to last action rule


If COS from L1 to H1 is approved in September, but last action was L1 extension approval right after 1st October and hence H1 status was lost & changed to L1, what is the way to get back on H1?


We are still in August so looks like your question is hypothetical.

Who told you that your status will change from H1b to L1 just because L1 extension of status was approved while you are in H1B status?

If you are in H1B status when your L1 EOS is approved, it really means nothing to your H1B status. Your status can’t change from H1B to L1 simply on basis of L1 EOS approval.

To change from H1B to L1, you have to file change of status application.

Talk to your immigration lawyer or call USCIS to double check your status if this happens and when time comes.

You are right … question is hypothetical as I am trying to understand my options in worst case scenario.

I am currently on L1B, awaiting result of renewal petition. My H1B was picked this year and result on COS to H1B is also awaited.

As per last action rule, I understand whichever result comes later, decides a petitioner’s immigration status.

Hello Kapesh ji,

Trying to get your attention to my rephrased question again - I am already in middle of COS application wherein both my L1B extension and H1B approval are pending decision.

In this case, if I happen to get my L1B extension approved 2nd October (hypothetical) with H!B already approved before that, by last action rule, there’s a possibility of being moved to L1B without having a chance to withdraw.

In that case, can I travel to India and enter back on H1B approved I-797?


Last action rule will apply if you have two change of status applications pending, the later approved will override the prior approved.
As I mentioned, EOS approval in prior immigration status after a COS wont put you back in your prior status.

Thanks a bunch for taking time to answer my repeated question.
Your guidance is invaluable to the community on this forum … keep up the great work!