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  #16 (permalink)  
Old 04-17-2012, 12:24 AM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2011
Posts: 55
xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute
Default Last action rule

In my opinion, the last action rule refers to the last action taken on the current I-797. When you returned to USA, your last action was based on the first H1B which was current at that time. When your new H1B started, the last action rule will be referred to that current H1B, in this case the last action was the approval, so naturally you continue with your new H1B status. I don't understand what is confusion in this. May be I am wrong.
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  #17 (permalink)  
Old 04-17-2012, 12:28 AM
Member
Priority Date
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Dec-06
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EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2011
Posts: 55
xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute xyz0011 has a reputation beyond repute
Default Last action

In my opinion, the last action rule refers to the last action taken on the current I-797. When you returned to USA, your last action was based on the first H1B which was current at that time. When your new H1B started, the last action rule will be referred to that current H1B, in this case the last action was the approval, so naturally you continue with your new H1B status. I don't understand what is confusion in this. May be I am wrong.
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  #18 (permalink)  
Old 04-17-2012, 02:55 PM
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Join Date: Feb 2012
Posts: 3
hrpatel34 is on a distinguished road
Default Urgent Help Needed - I94 expired

Friends,

My wife is on H4. In June 2010, I changed company, New Company applied h1 & h4 for us. My Wife left for India on Nov 9, 2010. Our h1 & H4 approved with Notice Date Nov 4, 2010. Our attorney get approvals after my wife left for India. My brother-in-law was going India in same month. I gave him approvals. He passed them to my wife. On Jan 11, 2011, my wife came back through Newark with my 1 yr old baby. On airport she showed new approval (valid through 11/4/2010 - 9/27/2012). She had visa (14 sept 2011) with old approval which is valid through 27 sept 2011. Officer asked for approval which used to get visa. She showed that too. Officer issued an I94 with date 24 Spt 11. New approval is valid till 27 Sept 12. As my baby was with her at that time, she did not checked date of I94. I talked to my attorney while my wife was in india. She told us that my wife will be admitted with new extension for full duration of that extension so we assumed the date is sept 12. In sept 11 we have some unavoidable personal issue which did not allow us to look at any document. Few days back, my attorney asked me for documents so she can renew out visas. At that time I came to know about her I94. She is out of status for more than 180 days. So we have few question.

1. Attorney ask to go to POE to correct I94. If I describe the issue to POE, will they correct I94?

2. My nearest POE is Newark, MY attorney advised me to go to JFK as Newark is hard to convince. What should I give reason If JFK office ask for reason for choosing JFK?

3. Is there any other way to correct I94?

4. Do anyone has any experience at JFK or Newark?

Your reply would be of great help?
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  #19 (permalink)  
Old 05-04-2012, 02:07 PM
Member
Priority Date
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Dec-07
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EB2
I140 Mailed Date
:
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:
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:
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:
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Join Date: Jan 2007
Posts: 40
san3297 is a splendid one to behold san3297 is a splendid one to behold san3297 is a splendid one to behold san3297 is a splendid one to behold san3297 is a splendid one to behold san3297 is a splendid one to behold san3297 is a splendid one to behold
Default

Ok iam done with interview. The officer mostly concentrated on my wife as her previous company has some problems. He just asked is this your latest I 94 and this is the last time you left country i said yes. He also asked same question to my wife too so i am assuming he dint make a deal of my I 94. He dint make a decision yet but seems he was ok and attorney also said he was confident that we will have not issues with it.

It seems not an I 94 issue as he never said to me iam out of status or anything. So it still remains a question. But hopefully i will get my gc.
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