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H1-B NPT approved with I-797A but I-94 not backdated

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  • H1-B NPT approved with I-797A but I-94 not backdated

    My previous H1B and I-94 expired on April 7, 2020.
    I got denial on EOS of H1B on July 17th, 2020.
    I started accruing unlawful presence since then.
    My lawyer filed H1B NPT and we received approval on August 8th, 2020. I received an I-797A with attached I94 containing dates from 08/10/2020 to 11/26/2022.

    I was hoping the attached I-94 would have been backdated to April 7, 2020 to account for the unlawful presence.
    My lawyer says, USCIS has forgiven the unlawful presence gap (April 7th, 2020 - August 8th, 2020), by virtue of approving H1B with new I-94 attached.
    However, I am a little concerned because how do I prove that the unlawful presence was wiped clean (say at the time of re-entering US or when filing I-485 for GC)

    Anybody else run into a similar issue? Thoughts and advice ?

  • #2
    As long as you get I-797A with updated I-94, you are fine.
    Btw, in the approval email from USCIS, is "consular notified (if applicable)" left blank?

    Thank you!


    • #3
      Hi Rdandkp,

      I am also in same scenario. My I-94 is expired.and visa extension is denied. I am working with attorney to file NPT and H1B (from another company). I would like to know your experience, since you already gone through.

      Your experience will give me a much needed moral support for me. Waiting for your call.



      • #4
        My email is [email protected]


        • #5
          My phone number is 682-582-0628