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lima2015

Visit USA again after having left USA, but with unexpired F1 visa & I20/OPT

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Hello,

I was an F1 student in the USA till Sept 2014. Then I had a job offer in S. America that started in Jan 2015 (so I am living in S. America now). As soon as I graduated in Sept, my major program switched my status to 'Research Scientist'. So I continued working at the same university from Sept-Dec 2014 in an OPT. So my re-stamped I20 (and of course the OPT card) is valid till Sept 2015. My F1 visa won't actually expire till 2016.

Now, I want to visit my friends in the USA next month (April 2015). In this case, would I have any problems at the port of entry with the immigration officers?

My only concern is that, though my travel documents haven't expired, the university might have put a note such as 'this person is no longer working with us', which could have terminated the validity of my I20, and there's no way of knowing this.

I would appreciate your advice/experiences, if you have any. Much thanks.

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Enter on a visitor visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You haven't been in the US since January? You've been working in S. America for that time?

Your student visa status, and your OPT, have long since expired. There is a way to know for sure, contact the DSO at your school. But it is likely that your status has been revoked.

good luck


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178 DAYS FROM NOA-1


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25 DAY TRIP THROUGH NVC


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Removal of Conditions
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Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
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Citizenship

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September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

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You haven't been in the US since January? You've been working in S. America for that time?

Your student visa status, and your OPT, have long since expired. There is a way to know for sure, contact the DSO at your school. But it is likely that your status has been revoked.

good luck

i will contact them on monday when the univeresity opens, but may i ask you why you think that my F1 and OPT have expired? their expiration dates are still several months away. i thought that one could leave the US while on OPT and return as long as i am returning to resume the OPT work [which of course would not be true in my case... but still ;) ]

Enter on a visitor visa.

yes, thought of that. and i might have to do this if my opt/visa are in fact invalid.

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It invalid because you no longer meet the terms. You are no longer a student b/c you live and work in South America. To use the visa, you need to be a student enrolled at the school that issued the I-20.

By your emoji, you know that is wrong for you to fraudulently use the student visa when you will not be resuming your OPT. You want to play with CBP, you risk being ban from the US.

Edited by aaron2020

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Why complicate matters?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It invalid because you no longer meet the terms. You are no longer a student b/c you live and work in South America. To use the visa, you need to be a student enrolled at the school that issued the I-20.

By your emoji, you know that is wrong for you to fraudulently use the student visa when you will not be resuming your OPT. You want to play with CBP, you risk being ban from the US.

thank you for replying, but the 'no longer a student' argument doesn't hold strength. one can be on OPT after graduating, like i was, on the same visa albeit with the designation changed to research scientist from student. & i could be on vacation in SA, for example, instead of working here... and this is basically what i wonder: does the US immigration know if i have 'properly' left the US?

but again, yes, i get your point. not worth the risk. :)

Why complicate matters?

i absolutely agree. why do it if not necessary... just seeking out suggestions. :)

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They always ask what the purpose of your visit is, what will you say?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I found this on a university OPT website

Under new regulations, an F-1 student with an EAD card and proof of employment (a letter from your employer verifying that you have a job) can travel outside the U.S. However, if you have an EAD card but no job offer you should not travel. Without a letter from your employer identifying you as having a job, you will not be able to re-enter the U.S. If you leave the country you will forfeit your OPT opportunity.

http://www.mtu.edu/international/forms-info/faqs/opt/

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Forgot about that, rather screws the pooch.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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