Re-entry with OPT

L

lanani

New Member
My wife has an OPT that expires in Feb 2005. She does not have an offer letter yet but is close to getting one. Her F1 visa expires in 2006 and I-20 expired in Dec 2003. Her school endorsed the third page of her I-20 and told her that as long as she has an offer letter she can re-enter with her OPT and F1 visa. However, other sources suggest she does not take a risk of travelling outside USA while on OPT especially without offer letter. Please advise.
 
From what I have gathered from my extensive search for information on the internet, I believe, since the F1 visa expired, and she is on OPT she MUST have an offer letter in order to enter US without any problems.... also I heard that if a person stays out of the country continuously for more than 5 months, then the CIS may consider that the person has abandoned his/her status as OPT or F1. In case of F1, the person may be asked to get a new SEVIS I20 and re-enter. If the person has any OPT it gets cancelled.

In case of F1expired/on OPT, then I am not sure how the Immigration officer reacts at the port of entry... I think in your case its best to have an offer letter from a company before reentering and make the stay less than 5months... actually far less than that... reentry may not be guaranteed if you return after 4months and 29 days depending on the then prevailing alert status, (orange, red, yellow whatever) and the mood of the immigration officer... If anybody knows somebody who has gone through this it will help a lot please post your experiences...
 
her visa expires in 2006. I don't see any problems, but tell your wife not to stay out more than 5 months. However, INS considers OPT a privilege and she may be turned away at POE anyway.
 
Although the visa expires in 2006, a continuous absence in the US for more than 5months is presumed to be abandonement of the status. Note visa and status are different.

my 2cents anyway
 
When should I ask the comany to sponser me a H1

I'm a masters student, I didnt graduate yet. I got an offer for a job and I'm doing it on a CPT. I'm planning to graduate in spring. My OPT starts then.
WHen should I ask my company to sponser me a H1. I need a safe time so that I dont become out of status. If I want a H1 before November 2005, when should the company apply for the H1. Can they apply even before I graduate and get a degree?
Pelase HELP!!!
 
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