My H1B visa expired on 06/10/2018 and I94 also expired on 06/10/2018. I applied H4 and EAD on 05/29/2018. But, we got H4 approval from 03/10/2019 with valid I94 03/10/2019 to 02/05/2021.
My question is what is the status from 06/10/2018 to 03/09/2019? Should we apply nunc pro tunc for adjustment of status for validity?
Ideally you are on H1 status till your change of status approved even though your previous H1 status was expired on your I-94 as your petition for COS is in pending status during that time and you have applied for this before your H1 expired.
But to save yourslf for future issues, better apply for numc pro tunc in registered post or fedex and keep a copy of all paper work sent and proof of the posting it. This proves that you have done due diligence on your part.
Thanks for your response. We applied H1B transfer also before H1B expired. Still it is in Pending. Can I wait for the result or apply for numc pro tunc?
Sure, you can wait till it gets approved.