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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

    Hello
    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!

    Comment


    • #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.

      Thanks,

      Comment


      • #4
        Originally posted by princeharry9087
        My phone number is 682-582-0628
        Do you have any update on your case?

        Comment


        • #5
          According to the USCIS policy manual, “if USCIS approves an untimely filed application to extend or change status, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period. For this reason, USCIS considers the applicant to have maintained lawful status despite the gap in time between the expiration of the prior nonimmigrant admission and the date of the approval.” https://www.uscis.gov/policy-manual/...rt-b-chapter-4. So the short answer is no [it should not be a problem], because the extension was approved, the approval is considered to be retroactive as of the date of expiration of his I-94.

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          • #6
            @princeharry9087 @Rdandkp​​

            I have similar case, i was 2 weeks of out of status . will it create issue while stamping in india when i go next time


            Last edited by insubuy; 06-07-2023, 03:32 PM.

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