infrid

Hi there,

I've accidentally stayed too long on my VWP visa. I know it sounds crazy, but I was travelling latin america for 1.5 years before travelling in the states, and I don't know what happened, but when I booked the return flight, it seems I booked it for July instead of June.. I've then go on, travelling, having fun, just thinking of the return flight and never really considered the date until today.

I've just worked out I'm already 2 days over -and will be 30 days over by the time of my flight

Worse still - I've landed work here in October, (respectable IT company, doing highly skilled computing work) - they're going to give me a h1b visa.

OH MY GOD!? Have I blown it? What do I DO?

Do I have to leave right now? I'd lose the flight which is very expensive..

I'm freaking out here guys.. someone help!



Thanks.

Infrid

crg

1) Leave as soon as possible. If you're caught in the US as a VWP overstay, you will likely be summarily ordered removed with a 10 year bar. It would then be a felony for you to even show up at the border for 10 years without special permission.

2) You can never use the VWP again.

3) If you make it out of the US in one piece, a minor overstay should not prevent you from being granted an H1B without any special permission or a waiver.

4) The longer you stay, the more trouble you can get into.

Ray

Get out sharpish ..so far all you have lost is the right to use the Visa waiver
you will have to get the H1B from your home consulate anyway

infrid

thanks for responses guys - sorting out flight to leave now - I think it will be 6 days by the time I get out of here.. I figured 4 is the same as 6/7 in their eyes.

2 more questions, if you lovely peeps don't mind.

1. DO I tell them when I leave - and say "sorry I screwed up" or just keep my head down,
2. Can I get my h1b from Peru, or Canada. Or do I have to physically be in UK (fingers crossed no.. I don't want to go back there... )

meauxna

It is *strongly* recommended that you apply for your H-1B in your home country.

Brat1

If this company is willing to sponsor you for an H1-B, they have to go through the application process and if you are successful, you have to attend the Embassy in London for an interview. I don't know the legalities of doing it from another country, so as advised above, I would think you would be far better of attending in the UK, if you get that far in the process.

Noorah101

If you are not living in (resident in) Peru or Canada, it will be difficult to get your H1B in those countries. They have the right not to process a visa for you, and ask you to go to your home country for processing.

Rene

crg

Are you asking if you should turn yourself in?

Jerseygirl

You don't come into contact with immigration officials when you leave the US...just the airline check in staff and they are not interested how long you've been in the US.

RayM

The only potential problems I can see are:
1. Part of the H1b process requires you to supply a copy of all pages of you passport so they can see when you entered the US and other countries.
2. When you complete your DS-160 they ask for entry and EXIT dates for your last 5 trips to the US.

crg

He'll likely just disclose it on the application so they wont have to sift through such records.

Such a short overstay of the VWP is unlikely to be considered pertinent to the adjudication of an H1B. It's not a material fact. Especially since the H1B allows immigrant intent. It is highly unlikely to put this person into a category of inadmissibility.

The application likely asks about prior violations and periods of being unlawfully in the US. I see little downside to disclosing a short VWP overstay.