OPT expired in May 2013. Haven't left the US to go back to Canada and Nov 7 will be 180 days. Can I still get a H1-B later?

Asked 12 months ago - Hollywood, FL

Wondering if I am sponsored by a company for H1B on April 1st 2014 if I will be able to get it still? Again Nov. 7 will be the 6 month deadline after my OPT has expired. Havent left because my family has a house here and I don't have anywhere to stay in Canada.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . Not a great plan. You could have applied for a change of status to B-2.

    However, you won't be precluded from obtaining H-1B status because of your overstay.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Brian Glenn Becker

    Contributor Level 9


    Lawyers agree


    Answered . If the H-1B petition is selected and approved, then you would need to return to Canada and reenter with the H-1B approval notice. As a Canadian national, you would also qualify for a TN. You should consult with an experienced Immigration Attorney.

  3. Wendy Rebecca Barlow

    Contributor Level 20


    Lawyers agree

    Answered . Staying beyond your authorized was not a smart decision. Assuming you depart the U.S. before you accrue 180 days of unlawful presence will mean you are not subject to the three year bar. That being said, a visa may still be denied as a matter of discretion due to the overstay. You need to depart before November 7th.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more

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