hc_12 Posted August 25, 2016 Report Share Posted August 25, 2016 I am on H1 for about 4 years now and have a valid Labour and I140 from my current employer.Sequence of Events -> First I797 and Visa were valid till Sept 2015> Employer applied for H1 Extension on April 7th,2015 >Traveled out of the country on Apr 10,2015. At that time, I had valid stamping until SEPT 2015. > Got the approval for H1 extension - second I 797 that is valid till 2018 (that was applied on April 7th, 2015) on April 21, 2015> Entered back US on May 10, 2015.> When entered the country back on May 10, 2015, Only showed the first I 797 that was valid till Sept 2015 (As unaware of the second I 797 that got approved)> So I 94 is valid till Sept 2015> Changed project through the same employer in Oct 2015 and applied for H1 amendment using latest I 797 and it got approved.Question -Now my company's attorney says that as my second I 797 petition got approved before I entered the country from vacation, he says that the second I 797 is voided as I showed the first I 797 while entering and my I 94 is valid till Sept 2015. He says, I have been out of status from Sept 2015 till now and I need to correct my I94 date and I have to apply for Nunc Pro Trunc even though I had valid I797 until Oct 2018. Is it true? If so, what are my options? Link to comment
pontevecchio Posted September 7, 2016 Report Share Posted September 7, 2016 I am sure the company will do the needful. Did you take this long to inform the company? Link to comment
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