H1 extension approved but Nunc Pro Tunc for Extension of Stay Denied

[ChrisWalken]

Hello,

My I 94 has expired in July 2016 since my passport was expiring however i did not realize that. Only recently when my employer was filing my H1 extension (valid till July 2018) we realized the issue. They filed the H1 extension in premium with Nunc Pro Tunc for I94 extension as it has expired for more than 17 months.

I received my H1 extension as approved but my extension of stay portion was denied.

What could be the outcome of this?

Please help.

 

 

[pontevecchio]

You should talk to the company Lawyer and soon.

[SW_employee]

I am facing same issue, 12 months since I94 expired but I797 is valid for another 5 months. H1-B extension is not filed yet. I got advise from lawyer that NPT may not work. Please suggest if you have found any solution. Thank you and good luck. 

[aerozeppelin]

On 11/27/2017 at 8:01 PM, SW_employee said:

I am facing same issue, 12 months since I94 expired but I797 is valid for another 5 months. H1-B extension is not filed yet. I got advise from lawyer that NPT may not work. Please suggest if you have found any solution. Thank you and good luck. 

I had the same issue. My I-94 was expired for more than 15 months. I would recommend talking to a lawyer as soon as possible. It is possible to change the I-94 "admit until" date.

[SW_employee]

On 12/13/2017 at 8:34 PM, aerozeppelin said:

I had the same issue. My I-94 was expired for more than 15 months. I would recommend talking to a lawyer as soon as possible. It is possible to change the I-94 "admit until" date.

Hi, I talked to many lawyers to date and no one has any hope. My company has filed for extension along with NPT. Now I received RFE for employers relationship I guess (not too sure). Can you please message me what option you had? Any pointer will be really helpful. Thank you.

[aerozeppelin]

Quote

Hi, I talked to many lawyers to date and no one has any hope. My company has filed for extension along with NPT. Now I received RFE for employers relationship I guess (not too sure). Can you please message me what option you had? Any pointer will be really helpful. Thank you.

 

I approached my lawyer, he then prepared documentation for my case. The following week he went to the CBP Deferred Inspections Site, without me. He pleaded my case with the officer, and my I94 was updated. For information on Deferred Inspection site visit this link. I only had one option. Also, what do you mean by "no one has any hope"? Did you consult any lawyers from Murthy Law firm? 

[vamsy]

Quote

I approached my lawyer, he then prepared documentation for my case. The following week he went to the CBP Deferred Inspections Site, without me. He pleaded my case with the officer, and my I94 was updated. For information on Deferred Inspection site visit this link. I only had one option. Also, what do you mean by "no one has any hope"? Did you consult any lawyers from Murthy Law firm? 

My Wife is in a similar situation with I94 that expired in Mar'17 but a valid I797 till Sep'18. We went to couple of CBP Deferred Inspection sites along with an immigration lawyer but they did not change the 'admit until' date. Do you mind sharing the Lawyer information and the inspection site where you were able to get this fixed.

We had a consultation with Murthy law firm and we were advised to either travel out of country and get back in  or apply for NPT. But my wife's employer is asking her not to travel. So we would like to test our luck at a different CBP inspection site before applying for NPT.

[JaspreetVirdi]

I am having the same issue. My request to backdate i94 was denied but H1b approved for three years. Lawyer is asking me to go back to India since it's less than 180 days since my i94 expired but I am worried if this will have implications on my entry back to USA. I am going to see if this can be repealed but time is against me in this scenario (180 days will be on July 1st). Please share your experience if anything helped in the past.