H1b extension with nunc pro tunc

[AADK]

Hi all, I ran into a messy situation because of my passport/I94 expiring for over an year. My visa is valid till next year. We found this while applying for H1b extension. Earlier this month, my company filed for H1b extension along with Nunc pro Tunc form and today I see from my case status online that my case was approved.

 

I still don't have the I797A so I don't know if I94 was backdated. so In case my extension was approved and NPT not approved

 

1. Can i continue to work now? I assume with my approved extension, I should be getting new I94.

2. If I94 was not backdated, it means that the unlawful presence was not pardoned and next time I leave country, 10 year ban would be applied. is that right?

3. My lawyer seems to suggest that even if my extension was approved, I need to leave the country to go to India and apply for a waiver at the consulate asking for waiving of the ban. Does this need to be done immediately? or can I plan and do it the next time I leave the country?

 

Thanks for looking.

[sb158]

Hi ,

 

Please provide me the status on your case.. Did u get approved 787A?

 

I am in similar position and ur answer can help me a lot 

[murthry1212]

Hi AADK,

Can you please let us know what happened to your case ?

I am in the same situation and need help with this.

Thanks for your time.