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Re:I'm Peter Roberts, immigration attorney who does work for... by temp91223 on Thursday November 09, 2023 @05:43PM (#38212444)
How likely an adjustment of status to H1-B from F-1 be denied due to ~120 days visa overstay that happened over a decade ago?
Re:I'm Peter Roberts, immigration attorney who does work for... by fgdorais on Thursday November 09, 2023 @05:53PM (#38212541)
I'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?
Re:I'm Peter Roberts, immigration attorney who does work for... by temp91223 on Thursday November 09, 2023 @05:59PM (#38212600)
Currently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.
Re:I'm Peter Roberts, immigration attorney who does work for... by fgdorais on Thursday November 09, 2023 @06:10PM (#38212718)
There are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!
Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Friday November 10, 2023 @05:57AM (#38217409)
The facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.