Help! Out of status for nearly 2 years - Nunc Pro Tunc

Hello all - I got an H-1B filed in Sep 2019 with expiry Sep 2022. I travelled out of the country in Oct 2019. When I returned, the CBP officer never looked at my 797 and instead gave an I-94 expiry of Jan 2020 perhaps based on visa validity, which was previous employer. I didn’t know the rules or anything at that point, and continued my job as normal. Did not travel out of country over the last 2 years because of COVID and medical health issues. Today my company’s lawyers suddenly realized that I have been out of status for nearly 2 years and they are emergency filing a Nunc Pro Tunc with premium processing. I gave them my I94 at the time of joining and i cannot understand how they overlooked this, knowing the rules. The time out of status is huge and I am really worried.

  • Given this is CBP officer’s and my company lawyers and mine (combined mistake) - and the fact that I had valid H-1B 797 at the time of entry back into the county, and that I could not travel due to the pandemic - what are the chances for NPT to get approved? I have otherwise maintained all legal status other than this one mistake by the officer.

What is my best option at this point :disappointed: Really worried due to the time out of status accrued…

What Happened on your case ?

@livelifeup My friend is in a similar situation. What happened in your case? Were you able to file a case against the CBP officials for entering wrong information?