Unlawful presence vs. overstay, which one is more severe for applying for visa stamping or extension filing under Nunc pro Tunc?

Asked 11 months ago - Sunnyvale, CA

Received my H1B visa extension approval in SEP-2013 and authorization of stay which has been granted on this approval receipt is upto AUG-2013.

Now without status for almost for a month.

Will this time period be consider as overstay or unlawful presence?

How it will affect the next visa extension and visa stamping process?

Now new extension has been applied under "Nunc Pro Tunc". Now what are the chances of getting this approval with/without back-dated I-94.

Any expert advise will be highly appreciated.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . Print out this post for user friendly preparation and take to the employer's immigration attorney. They should be able to answer this. Hire an independent immigration attorney for a consultation, as an alternative.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Whether the petition will be approved depends on the merits of the case. Without reviewing the petition and considering the reason for applying "nunc pro tunc", it is not feasible to answer your question.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Cannot advice without knowing why you had a month difference and why the employer did not file for extension before August.

    Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.... more
  4. Maria J. Marty

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It is hard to assess the likelihood of success based in this information. I would ask the attorney that filed it for you and listen to their assessment. The fact that you filed a nunc pro tunc petition will work in your favor with later filings, which doesn't mean that the gap in status won't have negative consequences.

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