Here’s my timeline:
- Employer made H1B petition in 04/2014.
- Status change to H1B in 10/2014.
- Lay off in 09/2016.
- H1 visa was revoked in 11/2016.
- Get B2 visa (to make my presence lawful).
- B2 visa expired on 15 March 2017.
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I overstayed for 179 days.
- I left US on 10 September 2017 (before reaching 180 days… to avoid the 3\10 bars ban).
My question is:
Now when transferring H1B while abroad … will the H1 transfer petition be denied by USCIS due to that overstay? Or will that overstay make visa interview more difficult?
And finally what can I do to make things easier?
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I still have the same question same case here
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
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Will this 129 day over stay is considered unlawful presence?
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Will it effect my approval chances?
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If approved, any problem that needs prep for consular processing?
Any suggestions are appreciated
Still didn’t get a reply for this from long time… if you have crossed this hurdle please suggest… Thank you.
Thank you
You get 60 days grace period after your program/OPT end date. If you stayed 129 days after your OPT expiry, you accrued 69 days of unlawful presence in the US.
Depends on the VO. They may question how come you overstayed and you can answer truthfully.
No prep accept you reply to all questions asked by the VO truthfully.