CAP Exempt - After Overstayed in USA

USA H1B Visa
1

Sir,

My H1B petition approved on Nov11,2013 and Expired on Nov11,2014. I travelled on March 23, 2014 but returned on November 23,2014. Due to some internal problem of understanding the expiry date in I-94, I overstayed for 12 days in USA.

2 Questions:

  1. Will it be any problem or any black mark to reenter to USA? Or will it be any problem during Visa interview?

  2. Am I eligible to H1B-Cap-Exempt-After Expiry of Petition?

  3. AS my current employer is not applying for H1B extension, is there anyway to change (change the visa to antoher employer) and apply through them?

Please help me.

2
  1. Will it be any problem or any black mark to reenter to USA? Or will it be any problem during Visa interview?

Ans: There is a very potential possibility that you would be questioned for the overstay. But If you can nicely craft your story in a very convincing manner, there is a possibility of managing such situation. Since your over stay is just 12 days and that too due to the confusion of your understanding of I-94 date etc, draft a very clear explanation and use it to explain where ever you need to prove that you didnt overstay intentionally.

  1. Am I eligible to H1B-Cap-Exempt-After Expiry of Petition?

Ans: Yes, you are

  1. AS my current employer is not applying for H1B extension, is there anyway to change (change the visa to antoher employer) and apply through them?

Ans: Yes, you can change to another employer