Travel while EAD card approval is pending

ShenSoh

New Member
I have a F1/OPT application that is pending. In other words, I am waiting for my EAD card.

I have a family emergency in Malaysia and need to return. Is it advisable to have my uncle post the EAD card to me so I can re-enter USA? Or is that simply too risky.

EAD application received: April 10th
RFE (request for evidence) received by USCIS: April 24th
EAD approval: pending

Please advise!!! Thanks very much!
 
You can travel. Search CBP site for SEVIS students re-entry FAQ and take a print out with you. You need a valid F1 visa and I-20 signed for re-entry and endorsed for OPT.
 
http://www.ice.gov/sevis/travel/faq_f2.htm

2.N. Can I reenter if my request for OPT is pending?

Yes, you may reenter to search for employment.

2.O. Can I reenter if I left while on OPT?

If your OPT has been approved and you depart before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.

If you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
 
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I post the above two FAQs because you will likely go from 2.N to 2.O while you are outside of the US (i.e. you leave the US while your OPT is pending, but OPT is approved during your stay overseas). If so, I would suggest you to make sure you have a job and an offer letter for re-entry purpose.
 
Thanks all for posting replies above, they certainly helped.

I just received notice that USCIS has ordered my EAD card production. I do have to leave next week, and most likely it won't be here in time. I have left instructions with my uncle to post it to me via Fedex/Courier/DHL. So as long as the EAD card doesn't get lost in the mail, I should be fine.

I also do have a job offer/offer letter, so if all goes well, I should be able to re-enter without a problem.

Andy, would you see any problems with this? I truly appreciate your input.
 
Shensoh,

Good luck with your trip. You mentioned that USCIS received your OPT application on April 10 and ordered your EAD this week? That's quick, congrats! Which Service Center did you send in your application?
 
Hi all,

Just wanted to say thanks to all of you who have been giving me feedback and advise. It is all truly appreciated.

To ash1984, I made an error. Listed below are the dates. Also, my service center was the California one. The RFE was for my I20 that had my CPT information on it.

March 10: EAD application received
April 24: RFE (request for evidence) received by OIS
May 15: EAD card production ordered
May 19: EAD card mailed (not received yet as of today)

So it took me about 2.5 months to get my EAD card (assuming I'll receive it in the next couple of days).

Good luck to all others who are waiting on EAD cards!
 
ShenSoh, you should be fine as long as you have the offer letter with you. Also, since you are on OPT (F1), you still need to make sure your I-20 has a valid DSO signature (Note: Normal validity is 1 year while you are in school, but you have to get a new signature every 6 months while you are on OPT).

Hope this helps. Have fun on your trip.
 
OPT delay

Hey Andy,
Thanks for your very helpful suggestions to all. My OPT receipt date is April 6th, 2009. I applied through Texas service center. Like ShenSoy, do you think I may receive in 2.5 months (my service center is different though). Also, I tried to expedite the process but it was denied once. I have one more pending expedite service request. I may lose a good job due to any further delay in getting my EAD card. Any predictions about my OPT approval? Thanks in advance!
 
Hey Andy,
Thanks for your very helpful suggestions to all. My OPT receipt date is April 6th, 2009. I applied through Texas service center. Like ShenSoy, do you think I may receive in 2.5 months (my service center is different though). Also, I tried to expedite the process but it was denied once. I have one more pending expedite service request. I may lose a good job due to any further delay in getting my EAD card. Any predictions about my OPT approval? Thanks in advance!

No, we can't predict at all. I talk to my DSO from time to time about OPT processing time, and it varies greatly. There are many factors that can affect processing time, such as your nationality, major, job offer, you history as a F1 student, how busy the particular service center is and even how fast the immigration officer who has your case works. They recommend 90 days wait time, but that's not a sure thing either.

I have read a lot about TSC, but personally, I only dealt with NSC and VSC.
 
RE: ShenSoh

Dear ShenSoh,

May I know did you finally get back to the States?
I have a similar situation now and have to decide whether or not to leave the States.
Thank you!

Regards,
GPoon
 
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Hello all,

I am on F-1 now, need to travel to India on April 30th- June 11th. I am graduating in september 2010.
I ahve to start my full-time job from July26th, for that I need to apply for pre-completion OPT.

IS it risky to apply for OPT now, and travel?
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Thanks allot!!
 
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