DO I NEED VISA AFTER OVERSTAY IN U.S?

Unfortunately, ignorance is not usually a valid reason for them to overlook an overstay.

Thanks, thats understood. So, what's the solution then? Wait it out, waiver? After all its a really miniscule violation, comparatively speaking. And their field manual has several references to "misinfomed, bad advice, and no ill-intent"... I am not certain this argument will fly wit them at the border in Champlain, but still, what's a workable solution, please?

I don't know what it is you're trying to do, so I can't answer that. All I know so far is that you had an H1B, it expired, and then you stayed an extra few months.

Well if you're H-1B and you overstayed, obviously that bit of caselaw isn't relevant.

I'm getting confused switching between threads!

Did you get a ban? If you overstay by seven months then it's a three-year ban. If they didn't formally ban you then it's at the discretion of the inspecting officer, although obviously he knows that people normally get a three-year ban in this situation which means he will likely not look upon the entry favourably.

Thank you Steven. No I did not get a ban, as I have not tried re-entry. Just trying to weigh in various options and act in the most kosher/legit way now, and obviously calculate the probability of getting denied, and its consequences. I wish i was more informed about the seriousness of all this earlier! The discretionary nature i guess gives me a little window of hope of being able to explain my overstay, but i am just terrified by learning that pretty much nothing will be taken by them as a "valid" excuse, as there seem to be none. I was never untruthful with them, and never worked out of status, but this is a weak defense.