How long can I stay in the country after OPT is denied ? Graduated in Nov 2012 . Employer filing for H1B in April once it opens

[zale]

Graduated in Nov . Sent in OPT . Over 180 days since graduation , OPT decision came back ( Feb ) denied . But employer is filing H1B in April . How long can I stay in the US ? I know I have to leave the country to get my H1B visa stamped and come back in , but I will want to do that closer to October to reenter - but right now , how long can I stay without gaining unlawful presence since I am over 180 days out of graduation .

[t75]

Being out of status can always be an issue for immigration processing. Do the legal thing and go home and return after visa stamping. I hope you have not been working illegally.

[catx]

Zero days. You are already out of status and gaining additional unlawful presence each day you stay in the U.S. You need to consult with a qualified, experienced immigration attorney immediately, and be prepared to leave the U.S. at once.

[chtummala]

60 days after denial date ..

[rahul412]

60 days after denial date ..

Correct me if I am wrong.

I guess this 60days rule is for the people who applied for OPT extension.

[Attorney_25]

An F-1 generally does not accrue unlawful presence unless USCIS sends a notice that he is out of status, which could happen simultaneous with an OPT EAD denial. Please contact a qualified immigration attorney to determine your options.

[t75]

OP needs to understand "illegal presence" verses "out of status".

How is Nov grad translating to "over 180 days"?

[zale]

Well technically my question is was I out of status when waiting for OPT and am I gaining any unlawful presence while waiting for OPT and after the denial that could impact my H1B visa app?

It's been over 4 months waiting for OPT and I finally got my denial. Was I out of status waiting because I was over 60 days of the grace period after my graduation. Technically since Nov it's been 130 days - which is well over the 60 days. It's just that someone told me I will be banned from the US if I am in the US over 100+ days and it's been 100+ days since i ended my studies.

[Attorney_25]

There is no bar until 180 days of unlawful presence. Generally an F-1 does not accrue any unlawful presence until USCIS has determined them to be out of status; unlawful presence starts on the date of the USCIS determination. Being out of status is not the same thing as being unlawfully present.