out of status F-1 got H-1, very urgent

[Fawad]

I am out of status for more than 180 days. It is a long story and I have very little fault but it is now done. Afterwards I applied for H2B from F-1 and recently they told me that they have denied my application because they never recieved my application from my employer (I mailed it myself after completeing it from the employer). Any ways, Now a very good company has given me offer (H-1)and they are going to send me the application for work permit. They don\'t know my current status by now. I don\'t know if I should go back to my home country (Asia) or I should apply for a visit visa to canada or Mexico or may be to ome other country in europe.
Any Body in the same boots or any one with knowledge

 

[Jim Mills]

Out of status more than 180 days

It depends on what you mean by out of status. If you have overstayed your visa more than 180 days you have big problems since an overstay of more tan 180 days triggers a MANDATORY three year bar on reentry to the US. You need to find out your exact situation NOW since an overstay of more than 365 days increases the mandatory bar to ten years! The last thing you want to do right now is leave the country since you may not be able to get back in.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702