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H1 xtn approved with back dated date, what are my options

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  • H1 xtn approved with back dated date, what are my options

    Hi All,

    My visa was expiring in Jan 2019 and so company filed extension last year, it got an RFE in Q2 and was finally approved early August, however last week I came to know they approved extension only till May, so they back dated the approval to May even though they only approved it this month. I have an approved I140 and have been 8 years onsite, so this is a terrible blow.

    Now amidst all the packing to leave, am not really clear what this has done to my future prospects, can the experts please respond on the below -

    1. So am out of status now, because extension was approved only till May 2019. I'm leaving to India this weekend and want to know what is my next step, filing H1 extension (Different client) or filing fresh out of cap H1 as I have I140?
    2. double confirming, if answer to previous question was extension filing, is it allowed to extend expired H1 from India with I140?
    3. The approval came in 1st week of August, my employer got the approval notice only last week and on thursday have notified me to return to India asap. The earliest I could was this weekend, considering disposal of all assets and apartment. From USCIS perspective, will they consider this as over stay from May 2019 or from the date they approved it? will i have any future issues (Ex - stamping) due to this over stay?

    Thanks for your time.