- My previous I-94 expired on Nov 28, 2019. Extension filed in Premium
- Received new I-94 till April 28, 2021 through premium processing , last Nov 2018.
- At the same time, a H1-B Amendment was filed on Regular processing quoting the
Extension receipt of #2 is pending . But USCIS approved it , on Oct 8 , 2019 but
until I- 94 in #1 backdated till Nov 28, 2019
- Attorney filed filed Nunc Pro Tunc on Nov 27, 2019, which got approved with I797 B Consulate notification confirming validity till April 2021, but without I-94
Now, I have to go for stamping and re-enter USA, which I have booked Visa date on Jan 14 to appear in India. My employer has taken me from Pay roll since Jan 2, 2020 after the notice is received.
I am confused on how to calculate the unlawful presence days and how to justify the same, when asked (both in interview and while filling DS-160 form )
Any help, would be appreciated .
P.S. I am yet to talk with the attorney, but they are not sure, I believe