A small paperwork mistake has turned into a nightmare for an H-1B worker. The person was on an F-1 visa, working under an OPT permit, when their H-1B application was selected in the lottery. However, the attorney filed the petition as an I-797B “consular processing” case instead of a change of status.
A Costly Legal Oversight
This error meant the worker needed to leave the US and get the visa stamped abroad before starting the new role. Neither the worker nor the employer was aware of this requirement. By the time the mistake was discovered, their I-94 had already expired eight months earlier.
Forced Departure and Visa Delay
The lapse resulted in an overstay, forcing the worker to leave the US immediately. At the visa interview, the US consulate issued a 221(g) slip, placing the case into “administrative processing” with no set timeline for a decision.
Career and Future at Risk
The worker is now stuck outside the US, facing an uncertain wait that could last months and jeopardise their career. A single wrong box ticked by a lawyer has ended up shattering what was once their American dream. Once the overstay clock begins, the US immigration system becomes far less forgiving than many people realise.
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