Immigration Issues/H1B visa denial

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Question
Thank you for the help in advance.My OPT expired last december(december 2004). Right before my 2 months grace period expired, I got a job offer which was going to sponsor me for an H1B visa. I am eligible for the new 20000 visas. The company has been waiting since then and finally they applied for the regular quote on April and I am approved for it. Now they applied for the conversion to newly issued H1B's and I am waiting for the approval notice. The company lawyer said since I have been out of status since February 21st, I need to go to my home country and get the visa form the consulate. My I94 does not have an expiration date but it is duration of status. I am worried about getting my H1B visa denied at the consulate since I overstayed even if INS approved my H1B petition. How much chance do I have to get the visa from the consulate? What should I do if it will be denied over there? Thank you again.

Answer
Hi Raci,

You are overstaying as of February 21. However, when you apply at the Consulate in your home country, you should be issued the H-1B visa as long as you overstay for less than 180 days in the U.S. (If you overstay for 180 days or more, you will be barred from coming back to the U.S. for 3 years or more). Therefore, the probability is excellent of being issued the H-1B visa as long as you overstay for less than 180 days in the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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