I am trying to figure out if I accrued any unlawful presence. I applied for change of status during my grace period of my OPT. My application was received on the 60th day after my EAD card expired. Which is on the day my Grace period was over. A week or so after that I received an email from my university informing me that my F-1 status auto completed. What does that mean? Did i accrue unlawful presence? I later withdrew because my application had taken 3 months already. And exited before a refusal was issued. Am I safe to apply for a B1/B2 Visa to reenter?
Your OPT expired on the date indicated on your EAD. You are granted a sixty day grace period after the expiration of your OPT status. Assuming your application to change status was received prior to the expiration if your grace period and you did not violate your status by working, you should not have accrued any unlawful presence. You appear eligible for a B1/B2 visa. Whether you are safe to reapply is a matter of discretionary solely to consulate official as you will need to explain the purpose of your trip and show ties to your native country.
Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-8654, [email protected], www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
From what you describe you should be fine to qualify although visa issuance decisions ultimately are made at the consular level.
This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
You barely squeaked in under the limits where you could start having problems, but, in general, it sounds like you're ok. The visa will be issued (and decided upon) at the consulate, but there are no major red flags here.
This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.
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