http://www.greencardfamily.com/news/news2009/news2009_0302.htm
The Possible Consequences for F-1 Foreign Students' Violation or Drop
Out of School
The current economic recession not only produces high unemployment,
but also violation or drop out of school for some foreign students in
F-1, including those students in Optional Practical Training after
finishing school.
Some of these OPT F-1 professional may apply for FY 2010 H-1B cap
beginning from April 1, 2009. When a nonimmigrant violates the
immigration law including unauthorized employment and out of status,
they face two adverse consequences. One consequence is that they
cannot extend or change of the nonimmigrant status within the United
States.
However, this consequence does not deprive such nonimmigrants of an
opportunity to apply for the extension or change of their nonimmigrant
visas through the American Consulate in their home countries, if they
have not overstayed in the U.S. longer than 180 days.
Accordingly, once they fall under the second category, they face
additional consequences of not even being able to apply for a visa at
the American Consulate outside of the U.S. and not being able to
return to the U.S. for three or ten years. The first consequence is
triggered by any violation of their nonimmigrant status. It is called
out of status. Thus one can fall out of status even during the period
of a valid I-94. The second consequence is called "unlawful presence
or unauthorized presence beyond the permitted stay."
It is thus not triggered even if there was a violation of "status" by
unauthorized employment or falling unemployed etc. unless the
permitted stay expires on their I-94. If they overstay six months or
longer, and go to an American Consulate to apply for a visa, such
application is denied on the ground that they are subject to the bar
from returning to the U.S. for three years.
If they overstayed for one year or longer, they are subject to a 10-
year bar and cannot return to the U.S. and the American consulate is
unable to issue a visa to them. There are relief of a waiver in a very
limited situation, but generally, this is a situation which every
nonimmigrant in the U.S. must face when they overstay beyond the
expiration date of their I-94.
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