I’m in a confusing situation regarding the "Last Action Rule" and could use some insight from anyone who has faced this or from those familiar with USCIS logic.
The Situation: I had both an H1B Change of Status (COS) and an H4 application pending. Both were approved on the same day with the same start date.
Advices/Inputs received so far -
- Online Consensus: Many threads suggest H1B takes priority as the "principal" visa.
- Lawyer's Take: My attorney argues there is no "priority" provision. They believe the status is ambiguous and recommend refiling the H1B COS to "reinstate" status and avoid future RFE/compliance issues.
Questions -
- Has anyone had two COS approvals with the exact same effective date? How did you (or your company’s legal team) determine which status took effect?
- If you were in this spot, did you have to refile, or were you able to clarify the status with USCIS via a typo/administrative error claim?
- Are there any specific USCIS memos or "Last Action Rule" nuances that apply when the actions happen simultaneously?
Appreciate any shared experiences or advice!
u/Academic_Ad_7568 — 9 days ago