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choople

Overstayed J1 for 9 months - need opinions

By choople in Work Visas

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choople Newbie

choople   0

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I missed the H1B cap last year while on a J1 in the US. I was told by my attorney that if I stayed past my visa end date and just re-applied the next year (this year), it would all work out for me. His reasoning was that the D/S in my passport would just make it a technical overstay as long as I didn't work, and that I wouldn't accrue unlawful presence. I had my doubts about this but I did it anyway. I'm currently awaiting initial H1B approval from US immigration and then I plan on leaving to get the second approval at the embassy in my country, before re-entering.

I've been warned by my own attorney and another that I have to claim this overstay on a form before my appointment at the embassy, and that I'm probably going to get a serious scolding - may even put through administrative processing, but in the end I'm most likely going to be okay. What are the opinions here on this situation? If I explain my case to the officer in my interview and show that my intention was a legit change of status all along, would this work in my favor? Or is the long overstay so severe that things are looking seriously bleak, even if my attorneys are painting everything in a positive light?

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Boiler Grand Master

Boiler   45,314

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Filed: K-1 Visa Country: Wales
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It is true that the H1b is dual intent and probably the Lawyer is correct.

AP can take a very long time and it may well be pertinent which Consulate you will be dealing with.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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choople Newbie

choople   0

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It is true that the H1b is dual intent and probably the Lawyer is correct.

AP can take a very long time and it may well be pertinent which Consulate you will be dealing with.

I'm trying to decide whether to go to the one in Dublin or the one in London. Are you familiar with either of those, which one would be more efficient?

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Boiler Grand Master

Boiler   45,314

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Filed: K-1 Visa Country: Wales
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Do you have a choice? Most people do not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,314

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Filed: K-1 Visa Country: Wales
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The one you would feel most comfortable in if you end up with a wait.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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