Overstay, New York, H1B

Hi guys,

I arrived in New York in mid-Feb this year for a few job interviews. I didn't get a job offer which would sponsor me a H1B visa until May (I work in Marketing & PR so I was told that H1 is my only option.)

I haven't left the country since Feb because I have already been working for this company in consultant format and it's now Sept, i.e. I'm overstaying. The visa will be ready in a few weeks (sometime early Oct). I just want to if it would be a big problem at the border when I leave and re-enter in October? By then, I would have overstayed for 2 months ...

I was told that it should be fine as long as I don't 'overstay' for another 6 months... I just want to make sure, and to find out what kind of questions I should be expecting when I leave and re-enter in October...

Thanks very much.

Carol

The fact that you have already been working for a company before you ever obtained work authorization is a big problem. Don't worry though, most people violate the laws and get away with it.

Well, this is a tricky one because you have already overstayed past the 183 period allotted. Your fate in obtaining the visa stamp entirely depends on if the border officer will be forgiving and let you through.

Best of luck:-)

I understand there's a 3 year ban if i stay for 360 (180 days + 180 overstay) . But what will happen if i overstay for less than 180 days?

Answered in other thread.

Hi,
I would like to say you that,if you have to overstay there,you have to get H1b visa,otherwise you have to return back to your country.But in my opinion,you should take advice from visa and immigration experts.They will solve your problem immediately.

moving to canada

emigrate to canada