129 Day overstay during OPT, H1B question

Hi All, any suggestion is appreciated

I have a situation of over stay in USA after my OPT for 129 days, I am in India now. I recently got my H1b picked with an inhouse project. My h1b packet has been sent one week back.

Now my question is

  1. Will this 129 day over stay is considered unlawful presence?

  2. Will it effect my approval chances?

  3. If approved, any problem that needs prep for consular processing?


Any stay after 60 days of grace period after OPT or college program expiry is considered unlawful.

This is up to the CO adjudicating your case.

The VO may ask you the reason for overstaying which you will need to answer truthfully and the rest depends on the VO to approve or deny your visa.

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Thank you. Very Helful @Kalpesh_Dalwadi