H1B AVR After Nunc Pro Tunc Approval?

USA H1B
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1

Hello friends,

I left my previous H1B job on June 30, 2021, and because of some unforeseen issues, I had a gap in my H1B status from June 30 till Nov 4 of 2021. My current employer filed a H1B Nunc Pro Tunc extension of stay to USCIS, and the petition got approved with a valid date from Nov 4 2021 onwards. However, the gap between my two H1Bs still exists.

The law states that in order to use AVR, an alien has maintained and intends to resume nonimmigrant status;

I wonder if I am eligible to reenter the US from Canada using AVR, as I have an expired visa stamp, and a valid H1B i797/i94. Thank you.

2

Generally speaking NPT approvals are back dated to cover any gaps. Was your NPT approved with I-94 attached to I-797? If yes then you should be okay to use AVR.

Consult your employer’s immigration lawyer and see what they have to say.

3

Thank you. My NPT was approved but it is not backdated - the gap still exists. Yes, it was approved with an i-797A.

4

What was the start date requested in NPT application?