Hello Anil,
My employer filed a late H-1B extension with an explicit Nunc Pro Tunc (NPT) request due to a brief 50-day status gap(I-94 Truncated due to Passport Expiry). USCIS approved the petition and issued a Form I-797A (with the paper I-94 at the bottom).
However, on the attached I-94, the “Valid From” date is not backdated to the day after my previous status expired. Instead, it matches the Receipt Date of the petition, leaving a visual 50-day gap on the document text.
According to the USCIS Policy Manual (Vol 2, Part A, Ch 4):
“If USCIS approves an untimely filed application to extend or change status, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period.”
Legally, the approval has removed the unlawful gap.
If my NPT was approved, do I still need to answer ‘Yes’ to unlawful stay on the DS-160 and add an explanation, or does the retroactive approval allow me to select ‘No’?