I94 Expired but H1B is still valid and my status is out of status, filing NPT will help?

USA
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1

I-94 Expiry Date: July 14th 2020
H1B and Visa Expiry Date: Aug 28th 2021

My I-94 has expired and I am out of status since Jul 14th 2020 and have valid H1B & visa stamped until Aug 28th 2021.
I have renewed my passport before my I94 and old passport expire but didn’t realized needs to update i94 also I had plan to visit India by may 2020 and got flight ticket as well but due to Covid flight cancelled my tickets otherwise i would have renewed my I-94 while enter back before my i94 expire.
I called many CPT office they are denied to update i-94 until if there any mistakes. My company layers found while filing my h1b renewal that my I94 is expired already and more than 300 days now. They asked me to contact CPT office but they are not ready to update. My attorney said will file extension with NPT and premium process so that we will come to know quicker if they accept NPT. If not then they said I need to leave the country.

What will be my possible solutions now? Will H1 extension with NPT help ? what was the recent H1B filing status with NPT especially in the covid situation? Please keep me post and appreciate your business.

2

Hello, One of my friends had similar situation and he has been out of status for more than 6 months. He was on H1B petition and his company filed extension petition with NPT and he received H1B extension but without extending I94. His I797 was backdated as well. In his case his wife is on H1B so he applied for H4 hoping he would get H4 approval with I94 but his petition for H4 is still pending. Hope this helps

3

Thank you very much Praveen, can I talk to you or your friend if you have sometime? Just to get some idea.

5

My employer applied h1b extension with NPT and uscis accepted and approved my petition and the dates are retained since the previous one.

Thanks

6

Hello ravisrimathi, I would like to check with you which service center you applied. My case is same as yours, and i received RFE in my case. Can i talk to you please?

7

@ravisrimathi - Can i talk to you please? its urgent.

8

Yes, can you give me your number I will call you

10

Hello @ravisrimathi rimathi,
Did you get continuous I94 along with H1B filed on NPT?

11

Yes, got extension 3 years from the date expired.

12

Yes, got extension for 3 years from the date i94 expired.

13

@ravisrimathi so you got I797A with I94 correct ? My friend was not lucky enough, he got H1B approved but they gave him I797B to go to consulate for stamping so confirming once again

14

@SriMod did you get any update on your case ? Did you get I94 extended ?

15

I see, mine got approved with i94.

Thanks

16

@ravisrimathi Thanks for the response

18

Can I go to Mexico as a third nation country for h1 visa stamping with a passport which is going to expire in 6 months and come back to the US?
As a rule Passport valid for at least six months beyond the date of the expected period of stay but six months club countries are exempted, included my country
Any recommendations?

19

As per attorneys my case they ask me to not do that due to more than 180 days and the bar may trigger when you enter.

Please work with your attorney they are the one will give you right direction and support. My case and others cases may different also it’s completely the person who reviews the petition. Hopefully they will give you forgiveness due to the situation at this time and everybody accept this.

Hopefully you will get through this soon.

20

My friend who was out of Status for more than 6 months on H1B was granted H4 approval with I94. His attorney’s suggested him to apply for a change of status in the USA rather than going out of the country. Its a case by case cannot be generalized