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 ?
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 ?
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