My friend overstayed in c1d visa and now can he enter usa on h1 visa?

Question

my friend had overstayed in usa in his c1d visa for a period of 5 1/2 months(including the one month stay).now he is getting a job over there can he enter the usa on h1 visa. please help ot there is ban for him

Answer 1

Noooo.  He committed an illegal act by doing so and is not eligible to come back any time soon.

Answer 2

No,he's banned and can't come back.

Answer 3

He is banned from the US for 5 years from the date he departed the US since he had less than 1 year of illegal presence.  However, there are waivers for this which he could get when he applies for the H1 visa. No guarantees he'll get it but it is an option.  

Answer 4

He overstayed by more than 30 days.  He is barred from re-entry to the US and therefore not eligible for any sort of visa.  Don't waste time and money applying for jobs in the US since he can't get an employment visa.

Answer 5

Actually, under US immigration law, he would have to have overstayed his visa by at least 6 months before he became ineligible for a visa for three years under Section 9B1 of the INA. If he overstayed for more than 12 months, he'd be ineligible for 10 years under 9B2. If your facts are right, he should be ok. He's only authorized to stay up to 29 days as a C1D, so check the math to be sure.