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Posted on 16 Nov 2011
Q.

H1B Visa Last Action Rule

Ms Indu,
Below is my question:
I am on h1b visa, petition expiring on 10th Feb 2012. My company has filed my h1b extension in normal processing. I have got another offer and they have filed h1b in premium processing, they got RFE and they have responded dated 14th Nov.

Now I want to convert h1b extension in premium processing too, so is there any issue? company who is doing h1b transfer told that I should not, because as per notice of Last Action rule, if my h1b extension approved after h1b transfer then h1b transfer is invalidated and the lastest h1b extension only becomes applicable.

Is it true? Please advise.
Shall I wait 2 - 3 weeks for RFE response and then convert h1b extension to premium or do it right now?
How long USCIS will take to update on RFE response?

User's Location: Fremont, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 16 Nov 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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