My H1B is applied on 8th April,2013 and my application is still pending. My H4 is expiring on 30th July 2013. Due to budget issues I cannot afford to travel to my home country during 30th July and 1st October (I'm hoping that by 1st October my H1B will be approved and comes with new I-94). What are my options ? - I can get H4 extension done but if H4 is approved after H1...does "Last Action rule" applies ? I consulted my employer ..who says to apply for H4 extension and If H1 approved first then I can simply withdraw my H4 extension application. But what will be my status between H4 expiry and H1 approval. Employer also says that H4 withdrawl is legal because I have applied for H4 extension during that period and also fresh H1b comes with new I-94 for those already in US and no need to apply for I485 for change of status. Please suggest!!!