I held an OPT, which was based on Computer Science Field and expired on January 5, 2004. My wife applied R1 VISA before the expiration date of the OPT as I couldn’t find sponsor. The R1 VISA was rejected on May 17, 2004 but I found a company willing to sponsor me for H-1B VISA and working for that company. The company will send documentation around September 5, 2004. My I-94 says F-1 (D/S). Based on my situation, I am not clear do I have to count overstay based on the OPT expiration date or R1 VISA expiration date. Please, help me.
Overstaying Count
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