Nunc Pro Tunc approved - visa stamping

[ssj1503]

Hi all,

I'm on H4 visa and my I94 expired with my passport and we found out while renewing my husband's H1b (> 180 days). We filed for H1 extension with a nunc pro tunc and now the extension of H visas is approved, BUT WITHOUT a backdated I94 for me.

Does anyone have advise about travelling to India and going for visa stamping? According to my lawyer, I'm back-in-status and things should be fine, but there is still a small risk that they will still consider the gap in status for the 3 year bar.

Has anyone got their visa stamped after a Nunc Pro Tunc approval?

Thanks,

SSJ

[Attorney_14]

You may want to explore requesting the backdated I-94 if the gap in your status is over 180 days and your NPT application was based on an H-4 extension. Our office has successfully handled this sort of situation even though it sometimes can take a while explaining to the USCIS that they are legally required to backdate the I-94 (if that applies in your situation).

If you have specific questions in regard to your case, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded H1B Nonimmigrant Department with extensive experience who would be able to provide you a good analysis your case and the options available to you. Please feel free to call our office to schedule a consultation with one of our attorneys.