I am currently in H4 and applied for H1b. My H1b petition got selected in lottery. I have applied in Regular processing w/COS from H4 to H1. My H4 is getting expired in Oct 2013. My husband company is applying extension for him and also for me. My question is will this affect my H1b processing. Will COS have any impact becoz of this? Say my H1b got approved in Sep w/COS and H4 extension got approved in Oct. So i will be in which visa from Oct? Do i need to apply for COS from H4 to H1 again?
There is something called “Last Action Rule” which states that the application that goes into effect later determines the eventual status. Let me put some examples:
H-4 extension approved followed by H-1 COS (both prior to Oct 2013) - You will be considered on H-1 status from Oct 1.
H-1 COS approved followed by H-4 extension (both prior to Oct 2013) - You will be considered on H-1 status from Oct 1. This is b/c H-1 start date is Oct 2013 and so that’s the day that COS goes into effect
H-4 extension gets approved followed by H-1 COS (either or both after Oct 2013) - You will be on H-4 status till H-1 COS approval date and on H-1 thereafter
H-1 COS approved followed by H-4 COS (either or both after Oct 2013) - You will be on H-1 status from H-1 COS approval date and on H-4 from H-4 approval date
Does that clarify?