Approved petition got revoked and then got approved with Nunc Pro Tunc filling along with Backdated I94

jan_ram1

By jan_ram1,
in H1B : I-94 Cards

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jan_ram1 Member

jan_ram1

Posted
Posted

August 04, 2011 04:21 PM :-

I tranfered to the new employer before the expiration of first H1B petition.First h1B petition Expiration date: 09/15/2010

New company applied for extension under premium process got it approved by 09/10/2010. I joined the new company on 09/15/2010 and started working with them.

Expiration date for H1B Ext. petition : 07/15/2013

Current employer revoked teh current petition in the month of January 2011. I dont have any inforamtion about this till today. I'm still working under there pay rolls and generating paycheck for every 15 days. Today I came to know that my h1B ext petition got revoked in Jan 2011 by mistake by my employer. instead of revoking other person; he revoked mine.

My employer suggesting me to go back to india immediately and he told me that he will file new H1B under premium processing.

Without my knowledge; Iam in US almost 7-8 months without status because of my employer fault. i work for big firm. I'm in US currently and I came to know today from my employer that my petition is revoked.

Actually my \family they went on vacation to India and when they attended H4 visa interview consulate officer told my petition is in revoked status. after that when i approached my employer then i came to know this information.

Please provide me the suggestions and next plan of action.

posted August 15, 2011 07:53 AM:-

update on my case(Approved petition got revoked)

my company has applied for nunc pro tunc reinstatement of status. As part of that they have send the documents on last Friday (08/12) through FedEx. I’m expecting that I’ll regain my status along with back dated I94. Please post your view on this. I'll update my case may be after 1-2 weeks.

posted August 29th 2011:-

update on my case(Approved petition got revoked)

my Nunc Pro Tunc application is approved and I94 is back dated to 01/28/2011. Here is the problem. My employer has revoked/withdrawn my petition by mistake on 01/10/2011. So still I can see there is difference of 18 days where I left with Out of status. Being out of status for 18 days will have an adverse effect for future GC processing/H1B Extn? My family(my spouse and son) were out of status for 86 days. My employer suggested to reapply for H4 visa as they are currently in India.My petition is revoked on 01/10/2011 and my family went to India on 04/05/2011. unknowingly they were Out of status for 86 days. What can be done to Back date their I94 or wipe out the out of status period. Please suggest?

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  • 2 weeks later...
jan_ram1 Member

jan_ram1

Posted
  • Author
Posted

Update: 09/07/2011..

Short and simple story about my case....

H1B: valid till sept 15th 2010

H1B Extension and Tranfer: 01 Sept 2010 valid till XX July 2013

My spouse and Son went to india in April 2011.

Came to know about Revocation when my family went to US consulate for stamping on 07/05/2011

Revoked by employer by mistake(Date): 01/10/2011

got confirmation from USCIS on Revocation (Date) : 01/28/2011

Out of Status for alomost 6-7 months

Applied for Nunc Pro Tunc to USCIS : 08/16/2011

approved : 08/24/2011

Approved with back dated I94(Date) : 01/28/2011

My Nunc Pro Tunc is approved and they have back dated my I94 to the point of prior status expired.

I checked with attorney; that my dependents stay is no more treated as a Illegal stay as my I94 is backdated.

My family is re-applying for H4 visa in India with my new approved petition

Luckly my story ended with happy note :-)

I did not recieved a single suggestion/reply since my initial posting.

Intention of posting my case is to share the valuable information to others.who might be currently experiencing this problem or may be helpfull for others in furture.

May not be experiencing similar problem however it might related to expiry of I94.

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  • 4 months later...
abhiman Newbie

abhiman

Posted
Posted

Hi JanRam1,

I am currently in the same situation as yours and surprisingly my H1B revokation date same as yours. I learned about my H1B revokation 2 days back when I was applying for a H1B trasnfer.

My employer has also told me that they will be filing for Nunc Pro Tunc.

Were you working in the US until your Nunc Pro Tunc got approved?

Did you have any immigration trouble since then in your GC processing or duing visa interview or Port of Entry?

Thanks

.

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  • 1 year later...
mailfrd Newbie

mailfrd

Posted
Posted

August 04, 2011 04:21 PM :-

I tranfered to the new employer before the expiration of first H1B petition.First h1B petition Expiration date: 09/15/2010

New company applied for extension under premium process got it approved by 09/10/2010. I joined the new company on 09/15/2010 and started working with them.

Expiration date for H1B Ext. petition : 07/15/2013

Current employer revoked teh current petition in the month of January 2011. I dont have any inforamtion about this till today. I'm still working under there pay rolls and generating paycheck for every 15 days. Today I came to know that my h1B ext petition got revoked in Jan 2011 by mistake by my employer. instead of revoking other person; he revoked mine.

My employer suggesting me to go back to india immediately and he told me that he will file new H1B under premium processing.

Without my knowledge; Iam in US almost 7-8 months without status because of my employer fault. i work for big firm. I'm in US currently and I came to know today from my employer that my petition is revoked.

Actually my \family they went on vacation to India and when they attended H4 visa interview consulate officer told my petition is in revoked status. after that when i approached my employer then i came to know this information.

Please provide me the suggestions and next plan of action.

posted August 15, 2011 07:53 AM:-

update on my case(Approved petition got revoked)

my company has applied for nunc pro tunc reinstatement of status. As part of that they have send the documents on last Friday (08/12) through FedEx. I’m expecting that I’ll regain my status along with back dated I94. Please post your view on this. I'll update my case may be after 1-2 weeks.

posted August 29th 2011:-

update on my case(Approved petition got revoked)

my Nunc Pro Tunc application is approved and I94 is back dated to 01/28/2011. Here is the problem. My employer has revoked/withdrawn my petition by mistake on 01/10/2011. So still I can see there is difference of 18 days where I left with Out of status. Being out of status for 18 days will have an adverse effect for future GC processing/H1B Extn? My family(my spouse and son) were out of status for 86 days. My employer suggested to reapply for H4 visa as they are currently in India.My petition is revoked on 01/10/2011 and my family went to India on 04/05/2011. unknowingly they were Out of status for 86 days. What can be done to Back date their I94 or wipe out the out of status period. Please suggest?

who did you file nonc pro tunc through? did you do on your own or hire a lawyer..and could you share what documents/information you had to include while filing nonc pro tuch. any information would be very helpful. thank you.

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mailfrd Newbie

mailfrd

Posted
Posted

Hi JanRam1,

I am currently in the same situation as yours and surprisingly my H1B revokation date same as yours. I learned about my H1B revokation 2 days back when I was applying for a H1B trasnfer.

My employer has also told me that they will be filing for Nunc Pro Tunc.

Were you working in the US until your Nunc Pro Tunc got approved?

Did you have any immigration trouble since then in your GC processing or duing visa interview or Port of Entry?

Thanks

.

hi..so could you provide update on your case, did it get approved? and what documents did you have to sent..any information would be highly appreciated..thank you.

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