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

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.

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.

Thank you Anil. Thank you for your quick response.

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?

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

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.

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.

Thank you for the reply Anil…