Last Action Rule in case of H1b and H4 becoming valid on same date


I am on L1B visa valid till mid Septemeber 2013 from Company A . My I-94 is valid till 2016. My wife is working on EAD(L2 dependent). Company B filed for my H1B and H4 for my wife and it has been approved. Company A also filed H1b for me and it has RFE. Meanwhile, my wife also has got ger H1B approved from Company C.


1) On Oct 1st, my H1B with Company B will become valid and so will my wife's H4 filed by company B. My wife's H1B filed by Company C also becomes valid on that date. My wife's H1B was filed under premium processing and was approved before my H1B application and her H4 application. Does this mean she will be on H4 status on 1st Oct?

2) In case she is on H4 status on 1st Oct, can we do something now i.e. before 1st Oct so that her status changes to H1B on 1st Oct?

3) My status will automatically change to H1b with Company B on 1st Oct. What happens when Company A's H1b petition gets approved?



Hello Saurabh,

Would appreciate a quick response. Need to do something about this urgently in case COS needs to be filed.