Will consulates treat people differently when they overstay on different visas?

[Help needed 0]

Hi everyone,

I was just curious about whether there is any difference for overstay on different visas. I mean, will the consulates treat these overstays differently or they will just treat you a law breaker anyways?

I overstayed in the U.S. for 78 days due to H1B denied. I entered the U.S. with a student visa, got a job in my grace period, and the company did H1B petition for me, then I got denied because of cap-exempt stuff.

I'm wanting to know that when I go apply for a tourist visa (since I'm not eligible to VWP due to my overstay), will they forgive my overstay since I couldn't really control it because the denial was so sudden and I had to move my 4 years stuff back to my country and get everything settled/sold before I left the U.S.?

I mean, I understand if you go to the U.S. with a tourist visa or VWP or a student visa (when you didn't apply for jobs), then you overstay, that's a big no no since you already know when you are going back. I am just wondering will my case be different than those overstayers?

Thank you for your opinion and suggestion. I need to go back to the U.S. again in May (I came back to my country in Jan) because my boyfriend is there plus my best friend is getting married.

p.s. I'm still applying for jobs in the U.S. though and hope someone will hire me and bring me back with H1B. But is H1B the only way for me to go back with no problem?

Thanks again!

[canadian_wife 1,818]

If you have a boyfriend in the US he may petition for you as a fiance, that is a way for you to go back to the US

With an overstay and a USC boyfriend, I trust you have strong ties to your country yes?

To answer your question, you will be certainly asked about your overstay. Do not take the 'it wasn't my fault' stance you pose in this threat. Your status in the US is your responsibility. Consulates do not like the "it wasnt my fault' defence. Own up, tell the truth and explain what happened.

good luck

[Help needed 0]

If you have a boyfriend in the US he may petition for you as a fiance, that is a way for you to go back to the US

With an overstay and a USC boyfriend, I trust you have strong ties to your country yes?

To answer your question, you will be certainly asked about your overstay. Do not take the 'it wasn't my fault' stance you pose in this threat. Your status in the US is your responsibility. Consulates do not like the "it wasnt my fault' defence. Own up, tell the truth and explain what happened.

good luck

Thanks. I'm planning to tell the truth anyway but I was just wondering if they would have some sympathy even just a little because the denial was sudden and I was already planning to work in the U.S., but I absolutely agree with your suggestion. Never have that "it wasn't my fault" attitude when I talk to them.

I do have strong ties to my country because I was offered a full-time job right after I got back to my country (and my parents, family are all in my country). One other question though, I've heard people talking about this online that U.S. and Canada share the information? Is this true? I was thinking if I couldn't enter the U.S. then maybe I can meet my boyfriend in Canada instead. Will this the safer route? Any thoughts?

p.s. How about H1B route if I can find an employer to sponsor me?

Edited February 15, 2013 by CarrieW

[newacct 688]

I overstayed in the U.S. for 78 days due to H1B denied. I entered the U.S. with a student visa, got a job in my grace period, and the company did H1B petition for me, then I got denied because of cap-exempt stuff.

How can you have "overstayed in the U.S. for 78 days due to H1B denied"? You either were allowed to stay while the application was pending, or you weren't. Whether you were granted or denied shouldn't change that.

Edited February 15, 2013 by newacct

[Help needed 0]

How can you have "overstayed in the U.S. for 78 days due to H1B denied"? You either were allowed to stay while the application was pending, or you weren't. Whether you were granted or denied shouldn't change that.

Oh, I probably didn't say it clear.

The overatay started counting from the day I got denied. I was allowed to stay while the application was pending because it was filed before my student visa expired.

The denial notice came on October 17 and was waiting for the lawyer to see if we were gonna appeal. Then I started to pack my stuff and sell my stuff like car, apartment lease, etc in order to move back to my country. I left on Jan 3. Hence I overstayed for 78 days.

[canadian_wife 1,818]

YES, the US and Canada share information, however your overstay in the US should not affect a visa interview for Canada.

Good luck