H1B extension was incorrectly filed by employer. Is Nunc Pro Tunc an option?

Recommended Posts

My H1B extension was filed on 20th September,2019 just a day before my I-797 expiry date (21st September,2019) and my I-94 was valid till Oct 1st,2019. It has been close to 1 month 20 days but, still I haven’t received receipt for my extension. Whereas, I received receipts for my dependents (H4). Along with the receipts, I received $460 check saying excess money was remitted. It looks like my employer incorrectly attached primary applicant’s check to dependents as an excess check. My employer now saying they will be refiling case in NPT (Nunc Pro Tunc). During this time, am I legally allowed to work? Is my case eligible for Nunc Pro Trunc as it wasn’t a mistake from primary applicant?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.