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FN7.   A foreign national’s H-1B application will be denied if the person has failed to maintain immigration status.  A person fails to “maintain status” if he has overstayed or otherwise violated his status.  If he has overstayed his F-1 or any other status, he will have to leave the United States and obtain an H-1B visa in his home country before he will be able to return to the United States in H-1B status.  If he has overstayed between 181-364 days, he is statutorily barred from returning to the U.S. for at least three years.  If he has overstayed by a year or more, he is statutorily barred from returning for at least ten years.   Even if his overstay is less than 180 days, he must demonstrate good cause for the overstay to the consular officer, or the officer may refuse to exercise the discretion necessary to issue a visa.  See INA 212(a)(9)(B)(i).