Legal Question in Immigration Law in California

I was doing a PhD in science (with F1, I-94 was D/S). My first OPT expired on 18 Feb 2015, and I mistakenly didn't extend it. I was doing research in the same lab while seeking a postdoc, and departed the US in late September.
Now I'm applying for a J1 visa for a postdoc position (the interview was during July - Sep). Based on my understanding, my out-of-status was during 18 Apr - 31 Sep.
Thus I shall answer 'NO' to the DS160 question: 'Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?'
OR, should I check 'YES' and explain this situation: "out-of-status for 160 days due to OPT extension mistake and prolonged job search".
PS. based on what I found online, being 'out of status' isn't as bad as 'unlawful presence'
https://www.temple.edu/isss/immigration/overstay.html

Asked on 10/13/15, 4:46 am

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

Answered on 11/07/15, 2:34 pm

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