Are you stating that your brother entered as a tourist n 2006, has stayed in the U.S for five years, and now wants an H3 visa? Make the facts clear.
Are you stating that your brother entered as a tourist n 2006, has stayed in the U.S for five years, and now wants an H3 visa? Make the facts clear.
He was on F1 visa till January of 2004. He got OPT which was valid till Jan 2005. During OPT period he got a job at Google but the contract ended on August of 2006. SO I guess he was maintaining his legal status only till Jan of 2005. Google did not issue him H1 visa because the quota was already full. So he quit Google and left USA after the contract was over i.e on August of 2006. Now after 5 years he is applying for H3 visa for 2 months training in US company. So my concern is if he is banned to enter US?
If you're stating that he lived in the U.S. and worked illegally for more than a year, then yes the overstay of more than a year can trigger a ten year period of ineligibility.
Tell your friend to discuss the facts of his case with an immigration lawyer. We're not going to have much fun here, guessing at what his situation is based upon partial information.