overstayed F1

[vj_bw]

Hi all,
i overstayed my F1 visa(completed masters) in 2003 for 13 months due to psychological problems for which i have no proof now and they didnt collect my i-94 so now im back in my home country working for a reputed company, they had proof of me till my visa was valid after which i was homesick during those dark period, can i apply for H1B and take a risk if so what are the pros and cons.
Please help me
Thanks

 

[nscagony]

You are subject to a 10 year bar. You can not be inspected or admitted to the US for 10 years from the date of your departure. The fact that they didn't collect your I-94 makes it even worse, not better. Now you have to prove the date you left to even start those 10 years. Try to find a lawyer. Since F-1 is a D/S type status, there might be some loopholes that a good lawyer can try to use, but don't get your hopes up. Its almost certain that you have to sit out those 10 years.