Immigration Law

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Would you be able to help me understand the "last action…

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Would you be able...

Would you be able to help me understand the "last action rule" as applicable to H1B visas?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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

Submitted: 2 years ago.Category: Immigration Law
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Customer reply replied 2 years 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 reply replied 2 years 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.
Answered in 17 minutes by:
1/24/2016
Immigration Lawyer: Expert James, Lawyer replied 2 years ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,249
Experience: Write FOR JAMES to get my help!
Verified

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?

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Customer reply replied 2 years 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.
Immigration Lawyer: Expert James, Lawyer replied 2 years 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!

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Immigration Lawyer: Expert James, Lawyer replied 2 years 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!

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Immigration Lawyer: Expert James, Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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