I94 expired 7 months back , valid 797

[sb158]

Gurus,

My last H1 extension (Dec 2012) came with I94 valid till Dec 2015.

 

Last year, I went on a vacation and entered US with my stamped visa valid till Dec 2015 and passport valid till April 2015. The officer at POE stamped my passport after asking basic questions. Since there was no longer white I94 card issued, i assumed(My big mistake) my I94 is same as the one  came with I797 without realizing that my passport was expiring before 797 expiration. 

 

Now when my company started working on my H1B extension, we realized the I-94 i received at POE last year after my vacation was valid till April 2015 (i.e. my passport expiry) . Now I am out of status for last 7 months. 

I am working for a big MNC for last 9 years and always maintained my status with no issue ever with 797 extension and visa stamping. My company and immigration firm (another big firm) both are working on paper work to file my H1B extension with Nunc pro Tunc.

 

I had a conversation with the attorney handling my case and she mentioned that in most cases USCIS approved Nunc pro Tunc but very recently USCIS has started scrutinizing these kind of cases and rejected some.

 

Since i am past 180 days of I-94 expiry, rejection of Nunc pro Tunc means leaving US ASAP and barred from entering for another 3 years,  which means totally upside down of my life

 

I know this has been discussed earlier but asking if anyone recently (in 2015) been approved/rejected with Nunc pro Tunc extension. coz as per my attorney USICS has been very strict these days and rejecting H1 B extensions, if they find any issue with documents or legal status.

 

Please share you story if you been to similar situation.

[jairichi]

You were not merely out of status but illegally present in US from your I94 expiry date. Since you consulted an attorney that is the only course of action.

[sb158]

Yes you are right... But it was unintentional as I already have visa till December 2015.. I didn't realize that my i94 ending before my visa expiry.

My company is filing H1 extension with nunc pro tunc option.. As per my Attorney, uscis is very strict these days for this kind of extension. Earlier they use to approve considering as no intent to be in illegal status but recently the attorney firm received 3 RFEs, 1 approved, 1 rejected and one still under process

Anyone success with nunc pro trunc recently?

[sb158]

Anyone success with nunc pro trunc recently?

[sb158]

Update:- 

 

11/20/2015 :- Attorney filled H1B PP extension with Nunc Pro Tunc request. Also submitted affidavit explaining the case and hardship letters both from me and employer explaining impact on my life/ family and my employer business if Nunc Pro Tunc denied.

 

15 days clock starts.. will update the thread once get any update from USCIS

[sb158]

Update:-

 

12/4/2015 :- My H1B nun pro tunc extension approved today with backdated I94. I am back in status..