Urgent Advice Needed: Overstayed I-94 Due to Passport Expiry - Best Course of Action?

[icicle-05-coolers]

I need your advice! My I-94 form expired three months ago because my passport had expired. I’ve since renewed my passport but didn’t realize I needed to update my I-94. Interestingly, I have a planned vacation coming up in a month. It seems I have two options:

1. Leave the country, apply for a visa again, and explain to the border officer about my overdue stay. Hopefully, I’ll be allowed back in. This could align with my planned vacation.
2. Inform my employer and ask them to apply for a ‘Non-Pro Tunc’ (NPT) to fix my status.

Which is the better choice? If I go for the first option, is there a high chance of my re-entry being denied? With the second option, would I have to immediately take unpaid leave or risk losing my job? Can I try to file an NPT first and, if that fails, go for the visa stamping one?

[Attorney_24]

The pros and cons of each of these options can be discussed in detail in a consult. Note that you are not only out of status but also unlawfully present (ULP) in the U.S. If a person is ULP for more than 180 days, they will be subject to the 3-year bar when they leave the U.S.

[icicle-05-coolers]

What are my other options?