When does F1 go out of status?

[backroady]

Here is the scenario:

- X attends graduate school on an F-1 visa
- X then gets OPT card after completing degree
- X is not able to find a job and stays on
- X has an I-94 with D/S (Duration of Status)
- After three years in the U.S. out of status, X moves out of the U.S. and starts working overseas
- If X were to apply for a U.S. visa like an H-1B, would the three years out of status lead to X being denied a visa? Remember that X left the country on his own and was not deported or found to be illegal.

Thanks.

 

[ruslan_adx]

This is a complicated issue and it is up to the consulate really. However, a field memo reads
Nonimmigrants Admitted Duration of Status (D/S). Nonimmignants admitted to the United
States for D/S begin accruing unlawful presence on the date the Service finds a status violation
while adjudicating a request for another immigration benefit, or on the date an immigration judge
finds a status violation in the course of proceedings. If, however, the immigration judge
concurrently issues voluntary departure and the alien complies with the order by making a timely
departure, no unlawful presence accrues. See sections (d)(2) and (d)(5) of this chapter regarding
voluntary departure as a period of stay authorized by the Attorney General.
Also, I am attacing the memo for your refference.