Overstay after graduation

[minavii 0]

I was F1 student and I graduated from my school on Dec 15th,2013, I sent my "OPT application pachage" on Feb 5th, 2014. After two months waiting, I called USCIS on April 15th,2014 and they told me they didn't have any record on my OPT application. After that, I contacted my school and finally found they gave me the wrong OPT package! Now they tell me they would write an explanation letter for me and ship my package again. But they don't know whether USCIS would approval my OPT or not. Because I was waiting for my OPT, I had stayed in USA 5 months after my graduation. So am I both out-of-status and accruing unlawful presence now? If I apply for OPT again, I would need to wait for another 2-3 months. Would that change my status? I heard F1 student has 60 days after graduation that he/she could legally stay in USA . If USCIS denied my application after 3 months, would that account me overstay for 6 months(deduct the 60 days period) or 8 months(start on my graduation day)? What would happen if I decide to go back to my own country now? Should I filed the application and then leave? Could I sue the officer who give me the wrong documents?

[milimelo 4,501]

Normally you send off OPT package 90 days before graduation (end of classes) - not after all is done.

Since you're no longer in student status, don't think there's much you can do but pack up and leave.

[theswede 5]

it's too late for OPT. it was too late when you first submitted it as well. you can't sue anyone because ultimately you are the one responsible for knowing the rules and conditions of your visa/status and send in the application on time. you've overstayed approximately 3 months so you should leave to avoid a 3-year ban. even with or without a ban you may struggle to get another visa to enter the US but that's another matter...

[minavii 0]

Thank you for your reply. The international student adviser told me she would write a letter for me to explain all of these to USCIS. Is it possible that UCSIC accept my OPT application? Or if USCIS would denied my application anyway since I didn't submit my application in time? And how to calculate my overstay period? I graduated on Dec 15th, 2013. I knew there were 60days grace period. Does overstay start after the grace period or start from the date I graduated?

it's too late for OPT. it was too late when you first submitted it as well. you can't sue anyone because ultimately you are the one responsible for knowing the rules and conditions of your visa/status and send in the application on time. you've overstayed approximately 3 months so you should leave to avoid a 3-year ban. even with or without a ban you may struggle to get another visa to enter the US but that's another matter...

[minavii 0]

Thank you for your reply. I plan to leave now. But I have question about how does USCIS calculate my overstay time. If my overstay starts from my graduated date, I would have to leave before may 15th. If my overstay starts after my grace period, I could be have some time on packaging.

Normally you send off OPT package 90 days before graduation (end of classes) - not after all is done.

Since you're no longer in student status, don't think there's much you can do but pack up and leave.

[milimelo 4,501]

It's since graduation date.

What did you do for the past 5 months? No OPT, can't work.

[adinutzyc21 2]

Normally you send off OPT package 90 days before graduation (end of classes) - not after all is done.

Actually, it's 90 days before or 60 days after.

[adinutzyc21 2]

It's since graduation date.

No it's not... You have a grace period to tie loose ends, it doesn't count towards overstay: http://www.virginia.edu/iso/issp/f1/graceperiod.html

[minavii 0]

Thank you for your reply! You help me a lot! My schoold tells me they would write a letter for me and ask me to send my OPT package again. Should I try that? I know USCIS would only accept OPT application before the end of my grace period. If I send my application again, I would have to wait for another 2-3 months, and these would count towards my overstay period. Could I leave USA after I send out my opt application? If they issue me OPT, could I apply for a new visa?

No it's not... You have a grace period to tie loose ends, it doesn't count towards overstay: http://www.virginia.edu/iso/issp/f1/graceperiod.html

[adinutzyc21 2]

Feels like a risky move. Did your F1 visa expire? If it didn't, perhaps you can go home and wait for the OPT there -get your school to forward it to you if they do manage to get it so that you can return to the country (it's not recommended that you leave the country while waiting for the OPT, but it's probably better than staying here illegally). This is really a tricky situation to be in, but I feel like staying here past your grace period precludes any chance to ever return...