H1-B approved with Consulate notified - filling Unlawful presence

satranlove

satranlove

New Member
Hi,
  1. My previous I-94 expired on Nov 28, 2019. Extension filed in Premium
  2. Received new I-94 till April 28, 2021 through premium processing , last Nov 2018.
  3. At the same time, a H1-B Amendment was filed on Regular processing quoting the
    Extension receipt of #2 is pending . But USCIS approved it , on Oct 8 , 2019 but
    until I- 194 in #1 backdated till Nov 28, 2019
  4. Attorney filed filed Nunc Pro Tunc on Nov 27, 2019, which got approved with I797 B Consulate notification confirming validity till April 2021, but without I-94
Now, I have to go for stamping and re-enter USA, which I have booked Visa date on Jan 14 to appear in India. My employer has taken me from Pay roll since Jan 2, 2020 after the notice is received.
I am confused on how to calculate the unlawful presence days and how to justify the same, when asked (both in interview and while filling DS-160 form )
Any help, would be appreciated .
P.S. I am yet to talk with the attorney, but they are not sure, I believe
Thanks
Sathish
 
During these filings at some point USCIS determined that there was status violation so therefore no I-94 was issued. At this time you have no choice but to step out re-enter with H-1B visa. The sooner you leave the better it would be for you.
 
whitemimauz3 said:
During these filings at some point USCIS determined that there was status violation so therefore no I-94 was issued. At this time you have no choice but to step out re-enter with H-1B visa. The sooner you leave the better it would be for you.
Click to expand...
Thanks . But I understand and planned to re-enter. My doubt is specifically regarding this

I am confused on how to calculate the unlawful presence days and how to justify the same, when asked (both in interview and while filling DS-160 form )
Any help, would be appreciated .
 
satranlove said:
Thanks . But I understand and planned to re-enter. My doubt is specifically regarding this

I am confused on how to calculate the unlawful presence days and how to justify the same, when asked (both in interview and while filling DS-160 form )
Any help, would be appreciated .
Click to expand...
Hi
Can you please let us know how did you handle this situation. We are in a similar kind of situation. It would be great if we can talk to you.
 
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