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I am overstay for 4 months in usa i came with b2 tourist visa and now i found a job with sponsor visa

Flushing, NY |

Can my companie apply for my visa now or is that a problem of my overstay ?

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Attorney answers 3


You may apply for change of status only when you are in legal status. You will need to leave the country to get your visa.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:


I see several potential troubling issues with your visa application. The fact that you overstayed may be held against you on the ground of misrepresentation both at the time of the B-2 visa application and at entry to the U.S. That would be enough to deny you another visa.. You do not state what kind of job you found so no further analysis is possible as to visa eligibility and duration of the visa process. Certainly, because you are out of status, you will need to depart the U.S. and apply for the visa at the U.S. Consulate abroad; that is where you will need to face the issue of overstay and prior intent. You need a thorough analysis of your case by an experienced immigration lawyer.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


Once you overstay your non-immigrant visa, it is no longer possible to extend or change status inside the United States. If you overstay for less than 180 days, and leave the US, you will be barred from returning for 3 years. If over 180 days, it is a 10 year bar. There is an exception if you marry a US citizen or permanent resident. You need to speak with a local immigration attorney to discuss all your option and possible ramifications of your overstay.

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