H1B extension approved for a past date

[Nikhil B]

Hi All,

My case is a little weird and that is mostly because of my employers visa team mistakes.

So my I797 and I94 has expired on 4/18/2017. There was an extension cum amendment filed for me in November 2016 and we received an RFE for it in April 2017 just before my visa expiry date. This RFE was responded by my employer in May 2017. Now 2 days back we received approval on my case but the approved period ends on 4/18/2017 which has already passed. The first thing that my employer said is to travel back to India immediately. But the catch here is that my wife is pregnant and in her 27th week. Ideally she can travel by flight in this week but she is afraid and doesn't want to travel. So I am trying my best to push the employer and come up with some solution to this.

Now the employer is saying they can file H1B NPT case with USCIS but until we get the decision I cannot work. And they will do it next week because they first need to find out what was the root cause of this error. (what had happened is - the extension request filed by employer had intended date of employment ending on 4/18/2017 which is what USCIS approved for. so the mistake is from employer as well as USCIS in the sense that they approved my case in June for a period ending in April of the same year).

So I have so many questions in my mind like -

• What do I do until we file the case. What proof can I show to an officer who asks me for my work authorization?
• Can I really not work until USCIS responds to NPT?
• What if they deny the NPT? If this happens after some days, I will medically be not able to travel with my wife as she is pregnant
• Since I wont be on payroll, I would not be able to avail insurance through employer, is that right? If so, am I eligible for Cobra?
• How much time does it take to move from employer coverage to Cobra? I might need medical assistance at any point
• I know premium is suspended but wouldn't USCIS have some exceptions for medical reasons?

I know these questions are supposed to be answered by employer too, but since I am not getting a good response and have lost confidence in them, I came to this forum. Appreciate anyone's response to any of my questions. Thanks!

[IUSA]

Just wondering did you file for extension or amendment . Because you sound like you filed both.

-if you get your approval in past - I believe you filed for an amendment not for extension..

[Nikhil B]

Hi, my employer had filed an amendment cum extension case. There was just one receipt number for this case.

[praveenGanta]

Hi Nikhil,

I am having the same issue. Can you advise what was the solution?

Regards,

Praveen.

[Tiwari]

Hi all...

I m facing same issue....can u advice me what to do...and what is the root cause for this...

On 6/16/2017 at 3:06 PM, Nikhil B said:

Hi All,

My case is a little weird and that is mostly because of my employers visa team mistakes.

So my I797 and I94 has expired on 4/18/2017. There was an extension cum amendment filed for me in November 2016 and we received an RFE for it in April 2017 just before my visa expiry date. This RFE was responded by my employer in May 2017. Now 2 days back we received approval on my case but the approved period ends on 4/18/2017 which has already passed. The first thing that my employer said is to travel back to India immediately. But the catch here is that my wife is pregnant and in her 27th week. Ideally she can travel by flight in this week but she is afraid and doesn't want to travel. So I am trying my best to push the employer and come up with some solution to this.

Now the employer is saying they can file H1B NPT case with USCIS but until we get the decision I cannot work. And they will do it next week because they first need to find out what was the root cause of this error. (what had happened is - the extension request filed by employer had intended date of employment ending on 4/18/2017 which is what USCIS approved for. so the mistake is from employer as well as USCIS in the sense that they approved my case in June for a period ending in April of the same year).

So I have so many questions in my mind like -

• What do I do until we file the case. What proof can I show to an officer who asks me for my work authorization?
• Can I really not work until USCIS responds to NPT?
• What if they deny the NPT? If this happens after some days, I will medically be not able to travel with my wife as she is pregnant
• Since I wont be on payroll, I would not be able to avail insurance through employer, is that right? If so, am I eligible for Cobra?
• How much time does it take to move from employer coverage to Cobra? I might need medical assistance at any point
• I know premium is suspended but wouldn't USCIS have some exceptions for medical reasons?

I know these questions are supposed to be answered by employer too, but since I am not getting a good response and have lost confidence in them, I came to this forum. Appreciate anyone's response to any of my questions. Thanks!

 

[Tiwari]

Hi all...

Plz assist me...I m facing same issue...

 My h1b visa is valid for 3 yrs I.e.from oct 2015 to June 2018.i Applied for next 3 yrs h1b visa extension from July 2018 to June 2021 but my  extension got approval with past catechism date  till 31 march 2018 with i94 date mentioned 10 April 2018.

 

Edited May 4, 2018 by Tiwari

[Sam19871987]

Hi @Tiwari can you please let me know how your attorney is dealing with it... i am in same boat. Thanks

[NV2018]

Hi,

Just wanted to know so what was the solution in the above case when you got your H1B approved for a past date? I do have similar situation. I have recieved an approval in Jul 2018. Approval is from Nov 2017 to Dec 2017 only for 1 month. Is this a typing mistake from USCIS? Or how should we proceed on this? Earliest response will be appreciated!

[xTDx]

For critical issues like these, please do not waste time and consult your employers attorneys to start with or outside immigration lawyers. Each case is different and has its own merits ,demerits and require in-depth review to form a strategy.  This forum is not for guidance and fixing issues on the fly. 

[Mango9]

Hi Everyone. I am sailing in the same boat. My H1B was recently approved with past dates and my I 94 is expired too . Not sure if that's an typographical error or intentional ? My attorney has contacted the USCIS and raised an service request but there is no response yet. Will I be still legal to stay here or do I need to exit the country immediately ? Please advise .

[gourav sharma]

Hi Guyz...I am on the same boat. please suggest what need to do if i got the extension approval in past date ? Please also share your experience after faced the same problem.

[lostpacket]

@Tiwari Could you let me know what your attorney did ? Were you able to continue to work on H-1B and fix the I-94 ?

[Kalpna1985]

On 3/29/2019 at 8:52 PM, lostpacket said:

@Tiwari Could you let me know what your attorney did ? Were you able to continue to work on H-1B and fix the I-94 ?

Hi , did u get any workaround for the same ? I am also having the same issue . Many people have same isssue it seems 

[Kalpna1985]

On 3/21/2019 at 3:53 AM, gourav sharma said:

Hi Guyz...I am on the same boat. please suggest what need to do if i got the extension approval in past date ? Please also share your experience after faced the same problem.

Hi, how did you work with this ? I also have ten same issue 

[Roan]

Hello Guys,

I have the same issue. Can someone please respond how did you guys handle this situation and what is the next step.As my employer and Attorney have no clue.

Will appreciate your response.

[Roan]

Hello Guys,

I have the same issue. Can someone please respond how did you guys handle this situation and what is the next step.As my employer and Attorney have no clue.

Will appreciate your response.