Traveling while OPT is Pending
I just came back into the USA with a Pending OPT. Before I left, I found tons of people asking these questions, including myself, but nobody ever really took the effort to answer this question. So here is my answer to your question.
My basic timeline
OPT Application: I-765 Receipt Notice Date- May 10, 2010
Graduation: June 17, 210
So right after I graduated, and while my OPT was still pending, I had to leave the USA and I was really worried cause my F-1 Visa expired in April 2010, which meant that I had to reapply for an F-1 with a pending OPT. No one could really answer this question and everyone at the international student services was telling me I can’t or I shouldn’t. But I had to go back to my country and didn’t have a choice.
Fortunately, I’m not sure if this is legit, but found this case online at a blog:
- CE 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.
I trusted the statement above and left the country with my pending OPT and expired F-1 visa.
When I got there, setting up a visa interview was not a problem, but had slight problem at the interview. Most of the immigration people at the USA embassy doesn’t know every rule, including the case stated above. So I first went up to him and told him that my OPT is still pending, he went back somewhere and came back and told me that I needed to have the EAD card with me to apply for F-1 visa! So I had the case above printed above and showed him that and told him that my lawyer gave me this (I really didn’t have a laywer). The interviewer goes back somewhere and comes back and says, “yea, I never knew this, looks like you had a good laywer.” And got the visa approved right there.
Now the second problem was coming back into the country at immigration. Just because you have the visa, it doesn’t guarantee your entry.
So I did some research and found this (again, not sure if its ligit):
You may travel abroad and reenter while your OPT application is pending without your departure canceling your OPT application. To reenter, you need a valid passport, valid F-1 visa stamp, and a valid I-20 with a signature that is less than 1 year-old.
Travel abroad while application is pending, AFTER graduation.
The regulations do not have a provision dealing specifically with travel and reentry while an I-765 for post-completion OPT is pending. Advisors and the government traditionally look to 8 C.F.R. § 214.2(f)(13)(ii) which refers only to situations where an OPT EAD [Employment Authorization Document (‘work permit’) has already been issued as a point of reference. Advisors have explained to students that it is risky to attempt to reenter before receiving the EAD.
Recently, the Student Exchange Visitor Program (SEVP) of the Department of Homeland Security (DHS) and Department of State (DOS) have agreed that an F-1 student who has properly filed for OPT to begin after graduation may travel outside the United States while the OPT application is pending. A DOS cable was sent to consular officers instructing them that applicants for new F-1 visa stamps may present either an EAD or, if the OPT application is still pending, the original I-765 receipt notice (that you must obtain from the International Office) as proof of eligibility for the visa. It also has been confirmed that Customs and Border Protection (CBP) inspectors at the ports of entry are aware of these new procedures and will review return documents accordingly.
For all students who have their OPT applications approved, they now cannot travel out and reenter the U.S. during the OPT period unless they actually are returning to a job. As of December 15, 2004, SEVP has issued an interpretation of 8 C.F.R. § 214.2(f)(13)(ii) making it clear that after your OPT is approved and the EAD issued, you only can reenter the U.S. to resume employment. SEVP further clarified that the student need not have already commenced the actual job before leaving, as long as s/he has a firm job offer to return to.
I was prepared to give him this statement above if the immigration persona was going to give me a hard time. But fortunately he didn’t. He just looked at if my I-20 was signed and if my F-1 visa was valid. Luckyly I don’t think he looked at if I was on OPT or not.
But even if they found out, according to the immigration and customs enforcement website’s FAQ. It clearly states that you can reenter with an pending OPT, so I would take a copy of that as well.
Overall, leaving the country was a stressful experience, because I wasn’t sure if I could, but at the end, I was able to come back with little problems.
So I hope this is helpful to anyone who has to leave the US with an pending opt.
Note: If you travel outside and your EAD card comes out before you re-enter, then you MUST have a job offer if you want to re-enter. You CANNOT re-enter with an approved EAD and without a job offer.
I just came back into the USA with a Pending OPT. Before I left, I found tons of people asking these questions, including myself, but nobody ever really took the effort to answer this question. So here is my answer to your question.
My basic timeline
OPT Application: I-765 Receipt Notice Date- May 10, 2010
Graduation: June 17, 210
So right after I graduated, and while my OPT was still pending, I had to leave the USA and I was really worried cause my F-1 Visa expired in April 2010, which meant that I had to reapply for an F-1 with a pending OPT. No one could really answer this question and everyone at the international student services was telling me I can’t or I shouldn’t. But I had to go back to my country and didn’t have a choice.
Fortunately, I’m not sure if this is legit, but found this case online at a blog:
- CE 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.
I trusted the statement above and left the country with my pending OPT and expired F-1 visa.
When I got there, setting up a visa interview was not a problem, but had slight problem at the interview. Most of the immigration people at the USA embassy doesn’t know every rule, including the case stated above. So I first went up to him and told him that my OPT is still pending, he went back somewhere and came back and told me that I needed to have the EAD card with me to apply for F-1 visa! So I had the case above printed above and showed him that and told him that my lawyer gave me this (I really didn’t have a laywer). The interviewer goes back somewhere and comes back and says, “yea, I never knew this, looks like you had a good laywer.” And got the visa approved right there.
Now the second problem was coming back into the country at immigration. Just because you have the visa, it doesn’t guarantee your entry.
So I did some research and found this (again, not sure if its ligit):
You may travel abroad and reenter while your OPT application is pending without your departure canceling your OPT application. To reenter, you need a valid passport, valid F-1 visa stamp, and a valid I-20 with a signature that is less than 1 year-old.
Travel abroad while application is pending, AFTER graduation.
The regulations do not have a provision dealing specifically with travel and reentry while an I-765 for post-completion OPT is pending. Advisors and the government traditionally look to 8 C.F.R. § 214.2(f)(13)(ii) which refers only to situations where an OPT EAD [Employment Authorization Document (‘work permit’) has already been issued as a point of reference. Advisors have explained to students that it is risky to attempt to reenter before receiving the EAD.
Recently, the Student Exchange Visitor Program (SEVP) of the Department of Homeland Security (DHS) and Department of State (DOS) have agreed that an F-1 student who has properly filed for OPT to begin after graduation may travel outside the United States while the OPT application is pending. A DOS cable was sent to consular officers instructing them that applicants for new F-1 visa stamps may present either an EAD or, if the OPT application is still pending, the original I-765 receipt notice (that you must obtain from the International Office) as proof of eligibility for the visa. It also has been confirmed that Customs and Border Protection (CBP) inspectors at the ports of entry are aware of these new procedures and will review return documents accordingly.
For all students who have their OPT applications approved, they now cannot travel out and reenter the U.S. during the OPT period unless they actually are returning to a job. As of December 15, 2004, SEVP has issued an interpretation of 8 C.F.R. § 214.2(f)(13)(ii) making it clear that after your OPT is approved and the EAD issued, you only can reenter the U.S. to resume employment. SEVP further clarified that the student need not have already commenced the actual job before leaving, as long as s/he has a firm job offer to return to.
I was prepared to give him this statement above if the immigration persona was going to give me a hard time. But fortunately he didn’t. He just looked at if my I-20 was signed and if my F-1 visa was valid. Luckyly I don’t think he looked at if I was on OPT or not.
But even if they found out, according to the immigration and customs enforcement website’s FAQ. It clearly states that you can reenter with an pending OPT, so I would take a copy of that as well.
Overall, leaving the country was a stressful experience, because I wasn’t sure if I could, but at the end, I was able to come back with little problems.
So I hope this is helpful to anyone who has to leave the US with an pending opt.
Note: If you travel outside and your EAD card comes out before you re-enter, then you MUST have a job offer if you want to re-enter. You CANNOT re-enter with an approved EAD and without a job offer.