H1B Backdated approval filed new h1 petition [Denied]

Hi Anil,

I had filed my 6th year H1b last April with Maxout timeline till FEB 2020. I got Approval on JAN 17th with backdated approval date as Dec1st 2019. Which is almost 45 days.

My Lawyer immediately sent an letter to USCIS asking for change of date as we didn’t get any response we filed new H1 petition which was Submitted on Feb 1st week.

For the new petition I got Denial notice on April 7th.

My Question is when does my unlawful status starts from my last I94 date Dec 11th or date of Denial Notice for my new petition.

I did stop working since Jan when I got backdate approval. I got mixed responses from many of them and also Lawyer. Appreciate if you can clarify me.

What is the response you have got from your attorney and other places you tried?

What is the denial reason given by USCIS?

Was your H1B applied with ‘NPT’ option?

I have got missed responses some says it will start from last I94 date. Reason why it is denied is by the time they had opened my application i crossed my Max out of H1B. Reason why i went through in filing new petition is i can show futher when i visit stamping that petition was filed.

As per your knowledge do you see unlawful starts from April Denial or last I94.

You have not answered all my questions.

Sorry, i can’t help or suggest anything without proper information.

HI Anil,

Lawyer applied it under regular petition as he was not aware of NPT. Reason for Denial is they stated that application was opened later in April so they said i did cross my Maxout date so they cannot approve.

So My out of status starts from April when i have got Denial Notice ?

Appreciate if you can provide some light on this as i am pretty much confused as back dated approval date was Dec 11 2019 and New Petition denial which was applied within the Maxout date range in Jan 2020 was denied in April 2020.