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Overstaying denied H1-B,by 110 days.

Cleveland, OH |

What will the repercussions be if I left the US,110 days after H1-B denial,return to my country and apply for B1 or F2 ( spouse on F1 OPT ) and return to US for 6 months,or can I just go to Canada and get B1/F2.
Will overstaying my H1-B denial,hinder my new visa application and entry back into the USA.
Can someone PLEASE, explain to me how the 180 day rule works and what negative impact does it have on anyone trying to re-enter the USA.

Attorney Answers 4


  1. You would not be barred from a new visa. But even if you did not overstay at all, there may be a question if you are really just coming to the US as a tourist.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. You are not subject to 180-days-triggered 3 year bar on your facts, if you file your employer filed I-129 before your previously approved H1B expired. Does it mean that the consulate will not deny your visa? No. Tt simply means that they do not have to.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. You are only subject to the 3/10 year bar if you were in the U.S. without lawful presence (in your case lawful presence = lawful status) for more than 180 days/1 year. Since you were not here without status for more than 180 days, you have no 3 year bar (or 10 year bar).
    However, I agree with my colleague that, when you apply for a new B1/B2/H1B, you may be subject to additional scrutiny because you overstayed your visa the last time. Hopefully, you have a good, sympathetic reason and a friendly consular officer. Good luck.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


  4. You can try going to your home country and try to convince the consulate there if you have a justification.

    My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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