How to handle Unlawful presence as I received my H1B approval notice very late?

USA H1B Visa
1

I received my H1B approval notice through my employer yesterday. The approval dates were from Jan 22, 2019 to Jan 23, 2019. (Total: 2 days, in the past)

I am worried about the unlawful presence in the US from the end-date until now. This is 100%, not my fault, as my employer never notified me about the H1B approval notice until last Saturday (03/30/2019).

Moreover, I have been consistently checking the USCIS case status since months and approval status never got updated there until now.

My concern is, I do not want to be the person who broke the law and I can’t take the mistakes counted on me.

What is the best possible way to handle my current situation?

  • To extend my stay in US using my F1 Stem OPT extension

  • To be a future legal immigrant in US or any other foreign country

Below are my Case history details:

Case ID: WAC181445****
Case Received 17-Apr-18
Received RFE: 8-May-18
H1B Notice Date: 22-Jan-19
H1B Response to RFE received by USCIS: 8-Jul-18
USCIS site visit for H1B: 25-Oct-18
H1B Approval Notice - My employer (A major Consulting firm) notified me: 03/30/2018
H1B Approval dates (From/to): Jan 22, 2019 to Jan 23, 2019
H1B approved: Total no of days: 2 days
Current Visa Type F1 - Student Visa
F-1 Visa Valid Until: 6-Jun-19
F1 STEM-OPT extn valid until: 1-Oct-19

  1. Is my presence and employment in USA since H1B approval end date until current date is considered lawful?

  2. Will it work, If my employer applies for an H1B NPT to USCIS for an extended status approval in my case?

  3. Is my F-1 status is still considered to be valid? Am I allowed to stay in the USA until my F1- Stem OPT Extn end date (10/1/2019)?

  4. Would the US immigration blacklist my profile on exit/re-entry?

  5. If yes, would that be a problem to enter other countries?

2

Your presence’s lawful status will depend on whether you got a new i94 attached to H1B approval or not.

Do you have i94 with H1B approval?

H1B NPT will be one the option that you will need to file H1B extention if your change of status was indeed approved with H1B.

3

thank you for your response.
I applied from here, Hence it would be “change of status”. I was on F-1 visa until then. since my h1B got approved, technical I may be in the H1B visa. I am totally unsure if my F1 OPT would still be valid.

I did not receive any I-94 from my employer until now, May be I can check with them,

Can you elaborate on H1B NPT? as I do not have a clear idea about it.

4

See this for NTP

5

thank you, I am working with my employer regarding NPT process.
Is filing NPT is the only way ?
Can I file NPT by myself if my employer is not ready to do?

Please guide me.

6

Your employer has to file it and you cannot.