Not sure if I overstay H-1B (Layoff)? AOS from Marriage USC / Advance Payrole

[Ohlala 5]

Hi there, 

 

06/20/2016       Laid off from H1B last day. I had a job offer and need to transfer my H-1B to the new employer

07/11/2016       Petition filed ( My attorney told me it's okay to have one month gap between job.) I have started working for the new employer.

02/27/2017       RFE for 20 days gap between two H1-B 

05/08/2017       Mail out RFE responses - Attorney stated new law 2017/01/17 60 days Grace Period for Nonimmigrant Workers Following Loss of Employment

05/15/2017       Travel to Europe 10 days for vacation and difficulty to enter US --> questioning pending H1B visa --> I-94 stamp till 09/18/2017

06/07/2017       H1B approval, but change of status denied --> NOA state " the beneficiary has failed to maintain her nonimmigrant status and is therefore ineligible for the requested extension of stay. Accordingly, the request for extension stay is denied. --> Basically, they said the grace period rule is effected after my case. Therefore, this can't be applied to my case. I need to go back my home country to get H1-B visa stamp to gain my status back.

07/07/2017      Got married with my hubby (USC)

07/20/2017      Filed AOS / EAD / AP

10/24/2017      EAD/AP Approval

 

I need to go back to my home country. And my local office is very backlogged on AOS. I won't be able to get an interview till May or even August.

I am wondering if my situation is counted as overstay? If yes, should I count my overstay from the first day I got laid off (06/20/2016)? and It is already over one year. Will I be barred from US 10 years if I travel? Will I be reentry US if I travel with AP?

 

Thanks.