Question - Am I accruing unlawful US presence after my H4 COS denial by staying in the US?

[Sarah1212 0]

Hello,

 

I’m seeking guidance regarding my current immigration situation and potential unlawful presence accrual. Here are the key details:

• I was previously in F1 OPT status, and while still in valid status(within 90 days of unemployment), I filed a Change of Status (COS) application (Form I-539) to switch to H4, along with a concurrent H4 EAD application.
• During this time, I also received a H1B approval notice, but I resigned the employment tied to the H1B before this receiving this notice - which makes me think that my H1B wouldn't be activated as i am no longer with the original employer/any employer .
• My H4 EAD application was denied recently, and I am yet to receive the official denial notice to understand the reason behind it.
• My concern is about accruing unlawful presence after this denial. Since I filed for the COS and H4 EAD while my F1 OPT status was still active and I had maintained my status properly up until the filing, am I currently accruing unlawful presence after the denial?
• I've been told by my lawyer to wait for the denial notice to determine the next steps, but I want to be sure I fully understand my status in the interim.
• Additionally, my H1B approval was recent, but it hasn't been activated due to lack of employment. Could this impact my current status or protection against unlawful presence?

 

Given that I submitted the COS application before my F1 OPT status expired, and I’ve heard that some protection against unlawful presence may exist for timely filers, can someone clarify if I’m currently accruing unlawful presence? Should I take immediate action, or can I wait until the denial notice arrives?

 

Any insight would be greatly appreciated. Thank you!

[Boiler 45,525]

You would revert back to your prior status if the change is not approved assuming you have one.