I-94 expired 7 months back. Valid H1b visa and 797

[sb158]

Gurus,
My last H1 extension (Dec 2012) came with I94 valid till Dec 2015.
Last year, I went on a vacation and entered US with my stamped visa valid till Dec 2015 and passport valid till April 2015. The officer at POE stamped my passport after asking basic questions. Since there was no longer white I94 card issued, i assumed(My big mistake) my I94 is same as the one came with I797 without realizing that my passport was expiring before 797 expiration.
Now when my company started working on my H1B extension, we realized the I-94 i received at POE last year after my vacation was valid till April 2015 (i.e. my passport expiry) . Now I am out of status for last 7 months.
I am working for a big MNC for last 9 years and always maintained my status with no issue ever with 797 extension and visa stamping. My company and immigration firm (another big firm) both are working on paper work to file my H1B extension with Nunc pro Tunc.

I had a conversation with the attorney handling my case and she mentioned that in most cases USCIS approved Nunc pro Tunc but very recently USCIS has started scrutinizing these kind of cases and rejected some.

Since i am past 180 days of I-94 expiry, rejection of Nunc pro Tunc means leaving US ASAP and barred from entering for another 3 years, which means totally upside down of my life

I know this has been discussed earlier but asking if anyone recently (in 2015) been approved/rejected with Nunc pro Tunc extension. coz as per my attorney USICS has been very strict these days and rejecting H1 B extensions, if they find any issue with documents or legal status.

Please share your story if you been to similar situation.

[sb158]

Gurus,

Any input on this please??

[shervin143]

Well, there are cases where NPT has been approved. But these are case by case basis and it totally depends on the officer at the POE. It is totally your responsibility to check and take a copy of the online I-94 immediately after you enter U.S. You are not just out of status, you have actually accumulated illegal stay for 7 months. If NPT is not approved, it can have impacts. The lawyers need to file a strong case application to get it approved. You can also visit a local CBP post and explain your case and see if they can give you a extended I-94 that you can use to file the extension.

[sb158]

I tried at CBP but the officer denied the request as its not a mistake from their end.
My company and attorney are preparing hardship documents for nunc pro tunc

[sb158]

Anyone success with nunc pro trunc recently?

[sb158]

Update:-

11/20/2015 :- Attorney filled H1B PP extension with Nunc Pro Tunc request. Also submitted affidavit explaining the case and hardship letters both from me and employer explaining impact on my life/ family and my employer business if Nunc Pro Tunc denied.

15 days clock starts.. will update the thread once get any update from USCIS

[sb158]

Update:-

12/4/2015 :- My H1B nun pro tunc extension approved today with backdated I94. I am back in status..

[GR17]

Update:-

12/4/2015 :- My H1B nun pro tunc extension approved today with backdated I94. I am back in status..

Did you work while awaiting the response for nunc pro tunc approval?

[irimpn]

Attorney..

Could you please let me know the details of the attorney that helped you with this case.. I am in a similar situation and would appreciate any help with this... thanks.

Update:-

12/4/2015 :- My H1B nun pro tunc extension approved today with backdated I94. I am back in status..