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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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Would you be able to help me understand the "last action

Customer Question

Customer: Would you be able to help me understand the "last action rule" as applicable to H1B visas?
JA: Thanks. Can you give me any more details about your issue?
Customer: I am a faculty member at Purdue University on a J1 visa which will expire on Feb 29, 2016. My H1B petition has been approved and I have the original I-797 documents I traveled outside US from Dec 26, 2015 to Jan 4, 2016 and returned back with a new I-94 indicating my J1 status
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
My H1b is valid from 1/15/2016 to 5/17/2017, but the notice date on I-797 is 12/18/2015. Does the last action rule apply to my case? If so, what do I need to do to maintain my legal status after February 29, 2016?
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Expert James replied 10 months ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

If you understand that, please answer the following:

Does the notice have an I-94 attached to it?

Customer: replied 10 months ago.
there is an I-94 with the notice. The dates mentioned on I-94 are: Valid from 01/15/2016 until 5/14/2017. There are no other dates mentioned.
Expert:  Expert James replied 10 months ago.

OK, thank you very much. I will take your non-acceptance of the phone call as an indication that you do not intend to speak on the phone. No problem; however please do not request a phone call if you do not intend to have one.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Because you entered the US on J-1 on a date prior to the active date of the I-94 for H1B, you automatically changed to H1B on January 16, 2016. Therefore, you currently are on H1B status. You should be working for your H1B employer at this time.

Coming to the US before the active date of the H1B is exactly the same thing as if you remained in the US on J1 through January 16, 2016, on which date you would have changed your status automatically.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 10 months ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

Expert:  Expert James replied 10 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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