I initially entered the U.S. in F-2 dependent status. Because my spouse changed his F-1 to H1B, I also filed an application to change from F-2 to H-4 dependent status. …20 Nov 2015
… This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now, that is past October 1, and I have both of my change-of-status applications approved, I am not sure what status I am in.
With regard to situations such as yours, the USCIS often applies what is known as “the last action rule.” It is not an official rule, however, and any guidance regarding its application is scarce. In your case, the taking of the effect of the action that happened last was the change of status to H-4, even though the approval of this request came first. Therefore, it is likely that the USCIS would consider your status to be that of H-4. (20.Nov.2015)
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