H1revokedbymistake

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  1. H1revokedbymistake
    Experts, please advise! thank you...
  2. H1revokedbymistake
    To JoeF, Jairichi and other experts: my H1 (i-94 valid till Feb 2017) was inadvertently revoked by my employer in May 2015, since another employee with same first name and last name resigned. They figured this out only in Aug 2016, and applied for a fresh H1. The new H1 was approved but without i-94, i left US immediately to India. When I appeared for stamping on 26-Sep in Kolkata, the VO mentioned that i might be banned for 10 yrs. However my company attorney says that since my earlier i-94 was valid till Feb 2017, i have not accrued any unlawful presence, there is only a status violation. My visa is now pending in 'Admin Processing'. I was not issued any 221 form, I have absolutely no legal issues, etc. Both my kids are US citizens. My company (very large indian IT company) has paid me completely, very apologetic since its their mistake. What are the chances that I might get a 3/10 yr ban? I have done nothing wrong, would they still penalize me? what can I do pre-emptively to avoid the ban?