I-797 is valid but I-94 expired more than 180 days ago

[Ravinder121]

Have a valid H1-B VISA and I-797 approved till 07/31/2021 in July 2018.

I entered United States on 06/09/2019 and based on my Visa and I-797, my passport was stamped by Custom Officer with expiry date as 07/31/2021 (Even though my passport was expiring 04/25/2020).
I renewed my passport in March 2020.

But the online I-94 date reflects as 07/31/2020, so I have already crossed 180 days.

Question: If my company agrees to file nunc pro tunc along with extension, should I continue staying in US although not on payroll or should I go back India and come back only if approved.

Any advice/suggestion/related use case details will be really helpful. 

[Zodiac System]

On 2/16/2021 at 10:47 PM, Ravinder121 said:

Have a valid H1-B VISA and I-797 approved till 07/31/2021 in July 2018.

I entered United States on 06/09/2019 and based on my Visa and I-797, my passport was stamped by Custom Officer with expiry date as 07/31/2021 (Even though my passport was expiring 04/25/2020).
I renewed my passport in March 2020.

But the online I-94 date reflects as 07/31/2020, so I have already crossed 180 days.

Question: If my company agrees to file nunc pro tunc along with extension, should I continue staying in US although not on payroll or should I go back India and come back only if approved.

Any advice/suggestion/related use case details will be really helpful. 

Contact your local CBP office, if not already done, with all your valid documents and request them to correct the date of I94, online.   

Due to COVID-19, many CBP offices are accepting emails too.  Try emailing them and see if this online I-94 will get corrected.  

You are already due for an extension.  Some attorneys have filed extensions (similar to your case with success).  Good luck.

[TPM]

DId you get any success here? what did u do?