I left my previous job 5 months before, now I have an offer from a company that is willing to apply for H1 transfer. Will there be any issues since I have exceeded the 60-day period? My I-94 is valid until 2025. I cannot apply for consular processing since there are no dates available in my home country for the next two years. How to proceed with this? Some attorneys say it is still possible , USCIS sometimes overlooks it if not had any previous violations , but may have to make a case for that Anyone has any experience with exceeding 60 days?.
Talk with a lawyer, I guess
Once you are out of status, your I94 is invalid. Leave the country on the next flight if you ever want to come back. Anyways even if you get H1 transfer approved and stamping done, you will be deported at the point of entry.
Listen to the attorneys. Start the new job. Let them transfer. People have had this happen and have managed to stay without any problems.
Thanks man. One encouraging reply. Hope to get this resolved. My previous company was so toxic, I had anxiety every single minute I was there for the last 6 months . So I had to leave and take a break for my health
bro ur already illegal now
AFAIK, You cannot apply for H1B transfer after the 60 day period without exit regardless of your i94 validity.
Your stay in US right now is illegal. Follow due process and come back on a valid visa. Overstaying has additional implications (H1B extension / GC denials) and bans from the country. Most people have no idea how complicated and time consuming H1B Motion to reopen (reverse H1B denial) process is.
Even if one has just one day of illegal stay, implications are dire. You may need to be out of the country for atleast a year before you can reapply to enter. Ps: Not a lawyer
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Go back to your home country ASAP to show that you didn’t stay illegally. Then apply for H1B.
No consulate dates available. And I don't think it's counted illegal stay since i94 is valid and older h1 is still active. But I'm out of status
Check with a lawyer. It’s best to demonstrate good faith via actions.