I'm employed within the 12 month Post-Completion OPT, with 34 days left till my OPT period expires, but I still have 39 days of *unused* unemployment. Therefore, if I quit my job now, I will only accrue another 34 days of unemployment, for a total of 85 days. So if I quit now, and stay unemployed till my OPT period expires, will USCIS decide that:
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.
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:
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