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H1B - Nunc Pro Tunc - Questions

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  • H1B - Nunc Pro Tunc - Questions

    Gurus, I need your expert take on my case .Here is the sequence of events

    To start with my Original H1B/I94 was till 09/17/2015

    Date of resignation - 12/30/2014
    On 12/30, I have submitted my resignation and planned to join new employer

    Ex-Employer H1B revoke date - 12/30/2014
    Immigration dept sent revocation notice by mistake.I was not informed about this event and payslips are generated as usual.Basically , I was not aware about this event until I got RFE later

    Ex-Employer last pay day - 02/20/2015
    Paystubs are generated till my last working day (02/20)

    New Employer h1B transfer Receipt date - 02/18/2015
    After lot of delay,finally my new employer filed h1B transfer(premium) and got receipt on 02/18

    New employer start date - 02/23/2015
    Based on receipt date,I have joined new employer on 02/23

    RFE for out of status - 03/04/2015
    I got an RFE saying I am out of status from 12/31/2014 - 02/18 .At this point ,I reached out to ex employer and they realized h1B was not revoked on last working date but on resignation submission date.

    RFE response (Nunc pro Tunc) - 03/11/2015
    My new employer responded with NPT request explaining the situation and appendixed all proof (payslips,ex-employer relieving letter,timesheets)

    H1B approval date(I 797 A) - 03/23/2015
    I received h1 Approval with I94(I797A) with 03/18/2015 to 06/16/2016


    a) Considering I have receieved new I94, can I just continue to stay in US or Do I need return to India to get stamping based on the fact I was OOS from 12/31 to 02/18 ?

    b) Will this out of status impact my future immigration (Perm,I140, H1/Stamping) ?

    c) Can I do anything to correct my Out of status period?
    My current employer says he can't help in this matter . My ex employer told that they have already sent an letter to USCIS about the mistake ,but they are not handing the copy of the letter to me.

  • #2
    Hi Raj,

    Did you get new I94? Please update with the status as I am having something similar