On F-1 what is the maximum limit of over stay..

Salman Bandukda

New Member
I graduated on december 23rd 2009, so my 60 days grace period ended on feb 22nd 2010. I ended up staying longer because i was waiting for my OPT, which i had applied in middle of october 2009. I got an answer from USCIS on march 16th 2010 DENYING my OPT. Thus it made my presence in the US unlawful. Luckily i got a sponsor in May who applied for my H-1 and I got my H-1 petition approved. I am in the process of going back to my home country for visa processing. my question as follows: "I HAVE BEEN TOLD THAT ONCE YOU BECOME UNLAWFUL, YOU HAVE 180 DAYS TIME FRAME IN WHICH YOU MUST EXIT THE US. FOR ME, WHEN WOULD THAT TIME PERIOD START, WOULD IT START FROM THE TIME I GRADUATED I.E DEC 23RD 2009, OR FEB.22 2010 (when my 60 days grace period is up) OR MARCH 16TH (WHEN MY OPT GOT DENIED)" I am changing from F-1 to H-1, would i have any problem getting the visa or entering the US on H-1, if i end up staying longer then 180 days? Thanks.
 
Once you have over 180 days of illegal presence, you have a 3 or 10 year bar. Why are you still; in the US in June when your OPT was denied in March? You will be viewed as a poor candidate for a visa due to your flagrant violation of the requirement that you depart the US following your denial notice.
 
I doubt that you will be able to get a visa again cos of your illegal status in the country. In some years maybe..
 
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