I came across this memo recently because I want to travel now when my H1B extension is pending.
Since i'm trapped in US i just converted my h1b extension to pp.
strictly speaking, you were deemed abandoned h1b application when you left US as F1.
Even if your h1b was still valid when you left US, your h1b was approved earlier than your entry date, so the latest i-94 overrode your h1b i-94. You should have file another h1b right after you entered US.
my lawyers advised me not to travel when my h1b extension is pending now.
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Last Action Rule
In March 2000, the INS instituted a policy referred to generally as the "Last Action Rule." Although this is not the official term, it symbolizes the position of the INS that the last action taken on a case is the governing status of the person when s/he travels outside the U.S. For example, if a person files an H1B extension of status with a new employer and then travels outside the U.S., re-entering the U.S. from foreign travel, and the INS approves the H1B extension, the individual's latest I-94 card would govern the validity date. This was certainly helpful for many cases but continued to pose problems in those cases for which the INS had approved the H1B extension a day or two before the person re-entered the U.S. with the latest I-94 card containing an earlier date that did not provide any comfort to the H1B traveler.
In a Memo dated June 18, 2001, Thomas Cook, Acting Assistant Commissioner, Office of Programs of the INS confirmed that the last action rule only applies in cases of extensions of status and not for changes of status. So if a person on an H1B travels outside the U.S. when a change of status application is pending, s/he is deemed to have abandoned the change of status application.
Since i'm trapped in US i just converted my h1b extension to pp.
strictly speaking, you were deemed abandoned h1b application when you left US as F1.
Even if your h1b was still valid when you left US, your h1b was approved earlier than your entry date, so the latest i-94 overrode your h1b i-94. You should have file another h1b right after you entered US.
my lawyers advised me not to travel when my h1b extension is pending now.
+++
Last Action Rule
In March 2000, the INS instituted a policy referred to generally as the "Last Action Rule." Although this is not the official term, it symbolizes the position of the INS that the last action taken on a case is the governing status of the person when s/he travels outside the U.S. For example, if a person files an H1B extension of status with a new employer and then travels outside the U.S., re-entering the U.S. from foreign travel, and the INS approves the H1B extension, the individual's latest I-94 card would govern the validity date. This was certainly helpful for many cases but continued to pose problems in those cases for which the INS had approved the H1B extension a day or two before the person re-entered the U.S. with the latest I-94 card containing an earlier date that did not provide any comfort to the H1B traveler.
In a Memo dated June 18, 2001, Thomas Cook, Acting Assistant Commissioner, Office of Programs of the INS confirmed that the last action rule only applies in cases of extensions of status and not for changes of status. So if a person on an H1B travels outside the U.S. when a change of status application is pending, s/he is deemed to have abandoned the change of status application.
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