Is stay in U.S. between leaving a school and enroling into another illegal, if not enrol?

Tim126

New Member
I was holding F-1 visa when studying in a university. I got my master degree and then spent two more years to study for PhD. Because I didn't pass the PhD qualify exam, I left the university, and had my SEVIS number transfered to a local community college on Sept 15th. The community college has mailed a new I-20 to me recently, though I haven't received it and signed it yet. Since the fall semester of the community college started at the end of August, so I got admission to the spring semeseter started in Jan, 2014.

I now still stay in the U.S., because the gap between the time when I left my previous university and the time when I will enrol into the community college is less than five months.

However, in Jan 2014 when the spring semester starts in the communicty college, I may choose not to enrol because of the following reasons:
1. if I get admission from another better university for spring 2014, I may go to that university instead of the community college;
2. if I find a job with noncap H1b, I may go to work instead of studying in the community college;
3. if I decide to go back to my home country, I will not study at the community college.

My questions are:

1. If I don't enrol into the communicty college in Jan 2014 because of any of the above three reasons, will my stay in the U.S. between Sep 15th, 2013 and Jan, 2014 be illegal?
Will it have negative influence on my leaving and reentering the U.S., applying for OPT, H1B, and Green Card in the future?

2. If it is illegal, how long can I stay in the U.S. after I left my previous university on Sept 15th? Is it within 60 days after Sept 15th?

Thanks in advance!
 
Last edited by a moderator:
1. Yes. You are basically out of status then and while you can leave without any problem (there is no exit visa check in the US), being out of status in the US at any time can lead to denial of future visas and entry into the country because you will be deemed as more likely to overstay.
2. There is no time period, but it is expected that you will leave soon enough, whatever time it takes to pack up and leave.
 
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