Urgent Help Needed on I94 issue...Nunc Pro Trunc?


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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?

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