Nunc Pro Tunc with I94 back dated (Approved petition got revoked and then got approved with Nunc Pro Tunc)

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August 04, 2011 04:21 PM :-

I tranfered to the new employer before the expiration of first H1B petition.First h1B petition Expiration date: 09/15/2010

New company applied for extension under premium process got it approved by 09/10/2010. I joined the new company on 09/15/2010 and started working with them.

Expiration date for H1B Ext. petition : 07/15/2013

Current employer revoked teh current petition in the month of January 2011. I dont have any inforamtion about this till today. I'm still working under there pay rolls and generating paycheck for every 15 days. Today I came to know that my h1B ext petition got revoked in Jan 2011 by mistake by my employer. instead of revoking other person; he revoked mine.

My employer suggesting me to go back to india immediately and he told me that he will file new H1B under premium processing.

Without my knowledge; Iam in US almost 7-8 months without status because of my employer fault. i work for big firm. I'm in US currently and I came to know today from my employer that my petition is revoked.

Actually my \family they went on vacation to India and when they attended H4 visa interview consulate officer told my petition is in revoked status. after that when i approached my employer then i came to know this information.

Please provide me the suggestions and next plan of action.

posted August 15, 2011 07:53 AM:-

update on my case(Approved petition got revoked)

my company has applied for nunc pro tunc reinstatement of status. As part of that they have send the documents on last Friday (08/12) through FedEx. I’m expecting that I’ll regain my status along with back dated I94. Please post your view on this. I'll update my case may be after 1-2 weeks.

posted August 29th 2011:-

update on my case(Approved petition got revoked)

my Nunc Pro Tunc application is approved and I94 is back dated to 01/28/2011. Here is the problem. My employer has revoked/withdrawn my petition by mistake on 01/10/2011. So still I can see there is difference of 18 days where I left with Out of status. Being out of status for 18 days will have an adverse effect for future GC processing/H1B Extn? My family(my spouse and son) were out of status for 86 days. My employer suggested to reapply for H4 visa as they are currently in India.My petition is revoked on 01/10/2011 and my family went to India on 04/05/2011. unknowingly they were Out of status for 86 days. What can be done to Back date their I94 or wipe out the out of status period. Please suggest?

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  • 5 months later...

Need some inputs from the experts.

My employer delayed in filing the LCA with DOL. We are 99% sure to miss the last date of my I-94 to file my H1 and H4 visa extension. I will be out of status and want to know if USCIS will issue a backdated I94 (i.e from the next day after my current I-94 expiry) for sure if my employer files H1 extension under NPT.

Appreciate if you can share your thoughts and experience on this.

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  • 8 years later...

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