Did I accrue unlawful presence or overstay my H1B?

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Hi Friends,

Mine is a long and confusing story.

I have I140 approved in Dec 2013.

My H1B was due to expire on May 30,2017.

Applied for H1B extension on May 16,2017.

Work location changed in October 2017 and H1B amendment was filed while H1B extension was already in progress.

Amendment was upgraded to premium on Dec 2017.

In December 2017, my employer got into criminal offence and my petition went on hold into Administrative processing. Waited for USCIS decision till Oct 2019.

I travelled out of USA in Oct 2019.

Question I have is, did I accrue unlawful presence from May 2017 till Oct 2019?

If yes, can I not enter US again or apply for GC as I have an approved I140?

It would be great if anyone here can answer my question.


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You do not accrue unlawful presence for as long as a timely-filed, non-frivolous Extension of Stay is pending, no matter how long it takes, as long as you did not work illegally. Was your first H1b extension of stay (the one that was filed on May 16, 2017, and therefore filed before your status ended) still pending when you left the US? How long did you work while it was pending?

Edited by newacct
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