traveled while OPT pending

R

reginaoak

New Member
Hello,
I traveled to South Korea after graduation while I was waiting for my OPT. It has been over 120 days since I applied and still nothing. So I am still in Korea and cannot return to the US. Now customer service is saying I have to make an biometric appointment. This is odd to me since my husband just got his opt without doing this. This is also not possible for me since I cannot even come back to the US to make this appointment. Can anybody help me?
 
HI
I just got back into the US.
go to the embassy and let them know about the below paragraph. as long as you have your EAD receipt you should be fine

ICE and DOS have stated in liaison calls that an F-1 student who has timely applied for OPT following completion of his or her course of study may travel outside the US while the OPT application is pending. DOS (Department of State) has sent a field cable (DOS cable 2004 State 008466 (January 13, 2004, AMDOC# 200405007) instructing consular officers that applicants for F-1 visas may present either an EAD or , if the OPT application is still pending, the I-765 receipt notice (Form I-765), as proof of eligibility for the visa. In a May 12, 2004 liaison call, ICE [the INS] confirmed the above, and stated that CBP has incorporated this into their training of immigration inspectors, and has received concurring opinions from USCIS HQ.

as i stated, the US embassy gave me no problems however most consulates need this paragraph as most employees do not actually know of this change.
 
oh my god.... thank you so much!
This might sound dumb but what is an EAD? After I sent in my first application I got a notice back asking for new photography. After I sent it in I received a receipt saying they received the new photography and will be processed within 60 days. I have not heard from then since. (over 120 days since this notice)

Like you said would I be able to go to the embassy? And if so what would I need to get from the embassy to come back to the country.

Again, thank you so so much!
 
first of, Im not a lawyer so you have to also check through other avenues before you go in. I called the embassy before i went in and explained all of this. the reason why i bring this up is because if you leave the US without your OPT card (EAD card) you can be considered to have forfeited your application. So i called in explained about the rule and after checking they said it was fine. if you do the same get the officers extension number (they cant give you their name for legal reasons).

So basically with the OPT receipt plus original I-20 i went in and got my visa the next day.
hope all works out
 
Thank you!
Unfortunately I just called the embassy and they are saying that they cannot help me and I should be calling INS.

I am so out of hope right now. (I miss my husband)
:(

Can you tell me where you got the below paragraph? If I could find it online I would love to print it out and take it to the embassy.

ICE and DOS have stated in liaison calls that an F-1 student who has timely applied for OPT following completion of his or her course of study may travel outside the US while the OPT application is pending. DOS (Department of State) has sent a field cable (DOS cable 2004 State 008466 (January 13, 2004, AMDOC# 200405007) instructing consular officers that applicants for F-1 visas may present either an EAD or , if the OPT application is still pending, the I-765 receipt notice (Form I-765), as proof of eligibility for the visa. In a May 12, 2004 liaison call, ICE [the INS] confirmed the above, and stated that CBP has incorporated this into their training of immigration inspectors, and has received concurring opinions from USCIS HQ.

Also, when you say you got a visa I'm not sure what you mean. I still have my F1 visa but the only thing I am missing right now is the signature on my I-20 which my school is not providing since I do not have the OPT.

Do you thnk it is possible if we could actually talk. My email address is gostesp@hotmail.com. If you can email me I can give you my cell number. I would so appreciate it if you can help me out.

Thank you so so much!
 
HI
am not sure if i can help you too much. are you a student returing to the US? and if your school wont sign the I-20 the above wont help you cause you would need the signed I-20 for the Visa.


by the way, you dont have to tell them where the pargraph came from, but make them awair of the details of it. I think my dean got it from a think tank in DC.
 
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