Can my company file an H1B visa if I have overstayed? 6 Answers as of May 03, 2011

I was dumped here by my parents at the age of 12. I have a I-94 on my passport which was recently renewed. However i overstayed in the U.S and is now an illegal immigrant. I have my MBA and have 4yrs of work experience, working legally. My SSN does not say not valid for employment. I would like to travel and legalize my stay. Can my job file an H1B visa for me?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Sure, but you will have to explain and cure your unlawful presence for all those years while processing your visa outside the US. I think in the end you will not be able to take advantage of your approved H-1B because your unlawful presence will be found out by the consul. Here in the US, you will not get it since you are out of Status.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Only if you and the position for which the company would be filing for in your behalf meet the requirements for an H1B visa.
Answer Applies to: Virginia
Replied: 4/29/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your question contains contradictions. You state your I-94 was recently renewed, but also say you overstayed. If you have stayed past the expiration date of your I-94 then you cannot change your status to H1B in the US since you are out of status. You would also be out of status if you worked without authorization. If it's less than 180 days since the expiration date of your I-94, then you can leave the US and apply for an H1B visa in your home country.
Answer Applies to: California
Replied: 4/28/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are out of status, you cannot obtain an H in the US. You can apply at a US consulate for the H visa. If you overstayed that date on your current I-94 card by more than 180 days or one year after turning 18 then when you leave you trigger a 3/10 year bar to entry. You will need to file a non immigrant waiver request with the H visa application at the US consulate, to see if they will allow you to waive that bar in order to allow you to work here.
Answer Applies to: California
Replied: 4/28/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, your employer will have some serious trouble, unless you show that your visa was valid when they first hired you. You say you have a valid I-94 that was recently renewed. You can't be overstayed on a visa that was validly renewed with your I-94. I would need to know what kind of visa that was. You give me a lot of open holes in your story, that you would need to answer. To do that, especially since how you got your SSN, and yet your employer hired you.
Answer Applies to: California
Replied: 4/29/2011
    Devore Law Group, P.A.
    Devore Law Group, P.A. | Jeffrey A. Devore
    Whether it is viable to proceed with an H-1B visa will depend upon how long you have overstayed and other factors. Schedule a consultation with an immigration attorney to review your case.
    Answer Applies to: Florida
    Replied: 4/29/2011
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