In OPT, will I lose 60 grace period?
1) I failed to maintain my status?
2) I'm out of status?
3) Not eligible for the grace period?
4) Start accruing unlawful presence?
Can you please cite your law/ruling, because the closest (but unsatisfactory) law I can find is 8 CFR 214.2(f)(10)(ii)(E) "Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT period..." I can't find any answer to my question/situation, therefore, "nulla poena sine lege" (no penalty without a law), correct?
I'm not and will not be doing STEM OPT.
1 attorney answer
USCIS says that you don't accrue unlawful presence as long as you're within the 90 days of permitted unemployment. See pages 9-10 of the following memo:
If this answer was helpful, please click the "helpful" button. My comments on Avvo are based on a limited understanding of your situation, and should not be relied upon without further consultation. Thank you!