Travel on OPT/F1

sanindia

Registered Users (C)
I'm posting on behalf of a friend.
He did his master's at a University in the US on F1 and is currently working for a company in the US for the past 4 months on EAD. His EAD is valid till October 2004 and his F1 is valid till sometime in 2005. His company has applied for his H-1 but will be activated only after October. He is planning to travel to India on August 20th and return on Septmeber 5th. Is it safe to travel using his EAD/F1? Does he need to attend any interviews at the consulate? I am guessing he can use his EAD/F1 which will be valid at the time he will return to the US. Please advice
 
Thanks for the response LucyMO. If you dont mind me asking, could you please tell me what the problem might be? He will have the EAD/F1 valid when he returns and he has a job that he has to come back to. He is employed and he is not coming back to look for a job. Please respond
 
well, because as my international center explained to me - OPT is a privilege, not a right. His academic work is finished, so he doesn't have to come back. He may be turned away at POE and sent home to get H1 visa.
 
LucyMo is right. the person can be sent back at the POE for abandoning of the "privilege".

However, travel on F1/OPT is actually possible especially when the person is already working. I'm not sure about travel while H1 is pending but, I know for sure that travel while OPTis pending is very risky and the chances that the OPT might get cancelled is very high. Please do find out if the same applies to pending H1s. If his H1 is already approved it a different story

I'm sure his company will have some legal dept which would probably be the right place to ask questions. Good luck to your friend!
 
Similar problem

I am in a similar situation. However I have valid F1 visa and Practical Training untill mid 2005. My H1B has been approved to start on March 2005.

If I leave (and re-enter the country) before March 2005 I have been told my H1B status (that will begin in March) will be invalid. Is this true?

P.S. Sorry I cannot offer help with your problem.
 
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