Have you heard of any successful petitions with H1B NPT?

USA H1B
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1

Hi Anil,

Thank you for helping the community.

My h1b visa expires on Sep 6, 2019 and my i-94 admit until date is 10/23/2018 which was my old passport expiry date.
After my H1b got approved in 2016, I have made 3 international travels - one for vacation to India, and two others are work travel (meetings) to Europe.

I went for stamping during my first travel and on my return, officer at port of entry (POE) put my h1b expiry date as “Until” date in the seal.
During my second travel also, on my return, officer at port of entry (POE) put my h1b expiry date as “Until” date in the seal.
However, during my last travel in Feb 2017, on my return, officer at port of entry (POE) put my PASSPORT EXPIRY date as “Until” date in the seal which is 10/23/2018.
I didn’t notice this and also did not know the significance of this. Apparently this date of 10/23/2018 is my latest i-94 admit until date.

I renewed my passport mid of last year.

We noticed this i-94 expiry date of 10/23/2018 only while the law firm was prepping documents for my h1b renewal this week.

My employer has terminated me from employment per lawyer’s advise. They are going to file my h1b extension along with Nunc Pro Tunc (NPT). Its going to take like 2-3 weeks.

  1. Are there any other safe options considering that there are a lot of h1b renewal rejections?
  2. Have you heard of any successful petitions with NPT?
  3. Can I goto CBP Inspection site (airport) along with my attorney to get them update my i-94?
  4. Once CBP updates my i-94, will those 180+ days still be considered as out of status?
2

The time you have already spent without a valid i94 will be counted as ‘Out of status’ time always until your NPT application is approved.

The only way to make the time already spent legal is to file NPT and request USCIS to approve your extension with back date from your last i94 expiry.

You can go out of US and enter again to get new i94 but this will not fix your out of status time that you have spent already in US.

Also, CBP officer cannot fix or give your new i94 at CBP officer inside airport as you do not have a valid status to stay in US at this time.

3

hi Anil,
Thanks for your prompt response. I have valid H1b approval and stamping until Sep 2019. i-94 got expired more than 6 months ago. Is San Diego border an option?

4

See this recent experience shared by one of our forum user of getting new i94 (which was expired a year ago) at San Diego US Mexico Border.