[temp91223]

How likely an adjustment of status to H1-B from F-1 be denied due to ~120 days visa overstay that happened over a decade ago?

[proberts]

The facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.

[fgdorais]

I'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?

[temp91223]

Currently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.

[fgdorais]

There are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!