Overstaying After 17 Month OPT Expires
Hello,
I entered the USA with an F-1 visa, I graduated from a University in 2010 and I've had both, an OPT and a 17 month OPT extension. The latter expired last year and my 60 day grace period is rapidly ending. The company I work for did not want to process an H-1B visa and I could not find another job. Last year, my country applied for a TPS (Temporary Protected Status) to be granted, but Mr. Obama has yet to respond. I am trying to stay in the country as long as I possibly can and wait until Obama replies and hopefully apply for TPS since the situation in my country is less than ideal.
These are my questions:
* What could happen If I were to overstay in the country after the 60 day grace period? I would like to stay until Obama responds and act form there.
* How likely is it that ICE would come to my home and tell me that I need to leave? I am guessing the University already reported to SEVIS that my 17 month OPT extension already expired.
* If I leave the country months or even years after the 60 days grace period, will I face any type of resistance when trying to leave?
Any advice, tips, etc... would be greatly appreciated.
Thank You.
Re: Overstaying After 17 Month OPT Expires
Once you overstay, you start accruing unlawful presence (eventually triggering a period of ineligibility to enter the U.S.) and create a potential for being deported. How likely it is that you'll be located and deported? That depends on the facts and your luck. When you overstay, even if you don't trigger a period of ineligibility, you may face future problems getting visas or getting admitted to the U.S., as you create skepticism about whether you will leave as promised.
Re: Overstaying After 17 Month OPT Expires
Universities are generally very prompt at making reports. No one will stp you from leaving, but how do you expect to live since you would be unable to work legally; illegal work is a serious issue for future immigration processing. You would be in a better position if you exited as required and reentered when you find an H1B sponsor.
Re: Overstaying After 17 Month OPT Expires
Thank you so much for the information. I already bought a plane ticket and I'll be leaving soon. Definitely looks like I'll have trouble getting another visa if I stay.
Thank you for the responses.
Re: Overstaying After 17 Month OPT Expires
If you are truly in danger at home, there are other countries to which you can apply to work.