Help! Out of status for nearly 2 years?


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Hello all - I got an H-1B filed in Sep 2019 with expiry Sep 2022. I travelled out of the country in Oct 2019. When I returned, the CBP officer never looked at my 797 and instead gave an I-94 expiry of Jan 2020 perhaps based on visa validity, which was previous employer. I didn't know the rules or anything at that point, and continued my job as normal. Did not travel out of country over the last 2 years because of COVID and medical health issues. Today my company's lawyers suddenly realized that I have been out of status for nearly 2 years and they are emergency filing a Nunc Pro Tunc with premium processing. I gave them my I94 at the time of joining and i cannot understand how they overlooked this, knowing the rules. The time out of status is huge and I am really worried. 

- Given this is CBP officer's and my company lawyers and mine (combined mistake) - and the fact that I had valid H-1B 797 at the time of entry back into the county, and that I could not travel due to the pandemic - what are the chances for NPT to get approved? I have otherwise maintained all legal status other than this one mistake by the officer. 

What is my best option at this point 😞 Really worried due to the time out of status accrued...

Edited by livelifeup
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You cannot point out CBP Officer's mistake, it's their country, they can give you a i-94 with a one day validity also.

It's your life and your responsible for it. THINGS are out of everybody's hands now. So STOP working before govt takes some action against you.

Follow what attorney says. Best option is before illegal immigration proceedings start, better fly home. If not, you be detained.

All the best.

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I-94 expiry date may also have changed because your passport may  have been close to expiry date.  

I-94 number and many times validity also changes with a trip abroad.  Every employer should have a practice of tracking their employees I-94 number as well as expiry date once the employee returns back from spending time abroad.

Edited by Zodiac System
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