H1B Amendment approval got back dated but old i 797 is valid

USA
1

Hi All, I am working in one of the MNC company and I got 3 years visa for location A and validity is still 26th August 2020. I waited for 1 year to travel for that project but due to project billing problem my company send me to other project to location B. They have filed my Amendment for location B in normal process on 3rd Oct 2018. It took more than a year to get approval. I got approval on 25th Oct 2019 on my Amendment but I got approval till 31st August 2019 which is back dated.

I got to know this case on 1st Nov 2019 and I informed to my company. Now they are saying they will file the extension as " Nunc pro tunc" .

Can some one please advise should I need to leave the country or I can stay in US if yes how many days I can stay in USA ?

Also my old i797 is still valid up to 26 Aug 2020 so if I go back to location A am I ok to work there ?

Please help me to give your suggestions.

2

You can stay in US if your company filed Nunc Pro Tunc application immediately.

The other option is to go back to work at location A to maintain your H1B status.

3

Thank you Anil. Thank you for your quick response.

4

Hi Anil,

My Company field my case as “Nunc Pro Tunc” in premium and got receipt. So now Can I start my work or should I need to wait still my case approve?

5

What has your employer and attorney suggested? Or they are just doing everything without keeping you informed?

6

Sorry for the confusion Anil, My Employer is suggesting I need to wait until this petition approve. But my doubt is why can’t I work with my receipt? Because I still not completed 240 days.

Can you please suggest on this.

7

Your approval which you claim is still valid till 2020 is for location A. If you can go to location A and client to work, you can continue working.

But, if you are at any other location, you need to wait.

8

Thank you for the reply Anil…