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  #1 (permalink)  
Old 11-30-2006, 02:09 PM
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Default H1B: Last Action Rule

Does anyone have any insight on this thing called "Last Action Rule"?

Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.

Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".

Reference: http://www.murthy.com/news/n_cosapp.html

Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
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  #2 (permalink)  
Old 11-30-2006, 02:22 PM
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Quote:
Originally Posted by janilsal
Does anyone have any insight on this thing called "Last Action Rule"?

Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.

Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".

Reference: http://www.murthy.com/news/n_cosapp.html

Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Well the information in the link to Murthy's article that you submitted clearly states the I94 will not invalidate your future approval. so your extension is valid.

I am not sure what your question is?
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  #3 (permalink)  
Old 11-30-2006, 02:27 PM
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The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

It is hard to trust these corporate lawyers.
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  #4 (permalink)  
Old 11-30-2006, 02:35 PM
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Quote:
Originally Posted by janilsal
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.

maybe safer to go with your lawyer on this one :-)
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  #5 (permalink)  
Old 11-30-2006, 02:37 PM
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The issue is taking an appointment in a different city in India, carrying all the documents to India and hope there is no random delays in the visa stamping.
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  #6 (permalink)  
Old 11-30-2006, 03:08 PM
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Default Question

Question...see below in bold

Quote:
Originally Posted by janilsal
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

Because the extension will be for a future date (March 1).
-- Question: Is this extension based on I-140 is different than the extension you get for the second 3 year out of 6 year? If not, then why I-94 can not be given date adding the extension of 3 year ?

Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

It is hard to trust these corporate lawyers.
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  #7 (permalink)  
Old 11-30-2006, 03:16 PM
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Get in touch with your lawyer . Amendend H1 needs to be filed for new I-94.
I got it corrected recently.
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  #8 (permalink)  
Old 11-30-2006, 05:54 PM
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Not an amended H1. It is an H1B extension for 3 years after I140.

The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?

According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.

Seems all so screwed up. But red-tape rules are never white and black.

http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.

Last edited by janilsal; 11-30-2006 at 06:14 PM.
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  #9 (permalink)  
Old 12-01-2006, 01:15 PM
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My opinion (may be incorrect):

You should show your approval notice at the port of entry along withyour passport(visa). The immigration officer should put the date based on your approval notice on your I-94. If he doesn't (make sure you check you I-94 at that time), request him to correct the date. If still he doesn't then last action rule applies as you stated.
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  #10 (permalink)  
Old 12-01-2006, 04:29 PM
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Quote:
Originally Posted by janilsal
Not an amended H1. It is an H1B extension for 3 years after I140.

The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?

According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.

Seems all so screwed up. But red-tape rules are never white and black.

http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.

There are 2 approaches for this .
1. If you have a valid Visa(plan to get Valid Visa) for U.S . you can go abroad and then come back with I-94. -- This is Risky since it Border Patrol
which comes into picture and may or may not be positive.

2. You can file for amended H1.(It is still called amended H1. Amendment is to the I-94 dates). This is processed by INS . You still need to keep your fingers crossed but INS has been postive in almost all cases.
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  #11 (permalink)  
Old 12-01-2006, 05:02 PM
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I've gone through the pretty much same situation and had a hell of time
with it.

The best way in my opinion is:
1. Stamp H1B with latest approval from India(Home country) is the BEST way.
2. If you have the approval right now goto Mexico or Canada and stamp it.
3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
a slight change in job description. ( Like add one more thing in your responsibilites or whatever)


If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
me on the way back. So I guess everything is okay.

I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.

best regards
babu
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  #12 (permalink)  
Old 12-01-2006, 07:53 PM
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Babu, thanks for confirming that this stupid rule is in fact true. I always wonder how USCIS gets crafty in making new rules.

It will be easier to just get the stamping done in INDIA. That way, will get stamp till 2010.
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  #13 (permalink)  
Old 12-01-2006, 09:07 PM
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Default Pending applications only

Just wanted to confirm - this discussion is pertinent only for cases where the new H1 (3 yr) is pending at the time the person travels overseas, right?

For example, if your current visa (and I-94) expires on Feb 28, but you already have a new visa valid for 3 years starting Mar 1, you can re-enter US within Feb 28. Then you can go to Canada/Mexico/Home country, get the new visa stamped on your passport, and on that basis get a new I-94, right?

I don't seem to see any confusion here....or am I missng something?
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  #14 (permalink)  
Old 12-02-2006, 10:51 AM
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It applies to cases where you already have a approval for extension that starts after the day ur current visa stamp expires. So when u travel and at POE, the officer will perform the so called "last action" and stamp till the validity of your visa stamp. This "last action" is the current status of yours and will invalidate every other action (including the approval for an extension starting after the visa stamp) that was obtained before you travelled.

Wonder if it was some PhD who devised this rule at USCIS.
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  #15 (permalink)  
Old 12-02-2006, 04:00 PM
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Quote:
Originally Posted by janilsal
Babu, thanks for confirming that this stupid rule is in fact true. I always wonder how USCIS gets crafty in making new rules.

It will be easier to just get the stamping done in INDIA. That way, will get stamp till 2010.

Looking at reply from Babu. I think Babu. got I-94 corrected through Amended H1 (INS) . and then travelled to INDIA. While returning from INDIA
by the last updated rule He would have retuned with a valid I-94.
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