Impact of H1b overstay after I-797 expiration in next H1b transfer

sujalkpatel

New Member
Hi,

I am an Indian and did my masters in the USA and graduated in 2015. My initial H1b started in October 2015.

I worked for company X with H1b until December 2016 and got laid off. I have paystubs of that company until then.
Company Y filed for H1b transfer in early February 2017 for client C with project period starting from late November 2016 to late January 2017.
In the first week of May 2017, the I-797 was received with validity period starting from late November 2016 to late January 2017 (same as client company project period).

My employer and lawyer suggested me to leave the country as they never faced this kind of situation before. However, I stayed until December 2017 to try my luck. My wife stayed for 2 more months and returned to India in late February 2018.

Since then, I haven’t tried to get any visa for the USA.
It seems that now I have a good chance to get a job at a USA based company which is ready to file for H1b.
My questions are,
Do I have any chance to get H1b (transfer) this time, after overstayed for over 6 months in 2017 and being away from the USA for more than 3.5 years now?
What kind of questions can I face in an interview at consulate if I reach that stage and how do I prepare for it?


I would really appreciate any suggestion you will provide.
Thanks very much in advance!

Sujal
 
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