OPT pending while out of the states. . .

[morgonzo 0]

Hey guys - my wife is here on a student visa and is in the process of getting her OPT set up. She has to return to France to finish her studies in July and is planning to return to the States in September. Our concern is if she can leave, get the OPT started, update the I-20, etc, etc, before getting a letter of employment - in other words, can she start looking for work/internships after she returns with a pending OPT (I know you can travel while its pending, but can you even apply for OPT before getting the "letter of employment"?) or will she have to find a job before the ISS lady will even sign/renew her I-20 and start the OPT paperwork? Thanks a lot!

-Morgan

Edited June 7, 2011 by morgonzo

[gigi_a 0]

First of all, if she is your WIFE why don't you guys go ahead and petition for GC. I went the F-1, OPT, H1B route and it is not easy (not to mention expensive and full of worry).

To answer your question- she can start looking but needs to inform the prospective employer when she will be able to begin work because you are not allowed to start before you actually have the Work Permit. I applied for it while the semester was still in session and got it right at the end of the school year ( did not take long for me at all to receive it) and when I applied I did not have a job lined up just yet but was looking for one.

P.S traveling on expired student visa (when you have graduated) even though you are applying for OPT is tricky business. As far as I know you have to have an employment letter to be able to return to the states if you have left and have the OPT. And renewing I20 is no longer an option since in order to get OPT you have to graduate and you are no longer a student.

Edited June 7, 2011 by gigi_a

[morgonzo 0]

First of all, if she is your WIFE why don't you guys go ahead and petition for GC. I went the F-1, OPT, H1B route and it is not easy (not to mention expensive and full of worry).

To answer your question- she can start looking but needs to inform the prospective employer when she will be able to begin work because you are not allowed to start before you actually have the Work Permit. I applied for it while the semester was still in session and got it right at the end of the school year ( did not take long for me at all to receive it) and when I applied I did not have a job lined up just yet but was looking for one.

P.S traveling on expired student visa (when you have graduated) even though you are applying for OPT is tricky business. As far as I know you have to have an employment letter to be able to return to the states if you have left and have the OPT. And renewing I20 is no longer an option since in order to get OPT you have to graduate and you are no longer a student.

She can't apply for the GC because she has to return to France in July to finish her studies - its not an option. So the OPT is the only viable option considering we don't wan to spend 6-18 months apart via the CR1 process. Again, I am aware that you can travel while the OPT is pending, but is it imperative to have a letter of employment in order to get the OPT in motion? Or can she begin looking for employment after the OPT and EAD has been granted? thanks again

[gigi_a 0]

She can't apply for the GC because she has to return to France in July to finish her studies - its not an option. So the OPT is the only viable option considering we don't wan to spend 6-18 months apart via the CR1 process. Again, I am aware that you can travel while the OPT is pending, but is it imperative to have a letter of employment in order to get the OPT in motion? Or can she begin looking for employment after the OPT and EAD has been granted? thanks again

Like I said to get the OPT in motion you don't need to have a job but to be able to return to the US and have to OPT you need a letter of employment (on letterhead) written by the company you are working for. That is what I was told a couple of yrs ago when I had plans to travel back home but was on OPT. And was also told that I might not be let back in the country (my F1 visa had expired since I graduated and all I had was the OPT).

That is what I was the advised by the international adviser at my University.

http://www.cgu.edu/PDFFiles/International/Travel%20While%20on%20OPT.pdf

Edited June 7, 2011 by gigi_a

[morgonzo 0]

Like I said to get the OPT in motion you don't need to have a job but to be able to return to the US and have to OPT you need a letter of employment (on letterhead) written by the company you are working for. That is what I was told a couple of yrs ago when I had plans to travel back home but was on OPT. And was also told that I might not be let back in the country (my F1 visa had expired since I graduated and all I had was the OPT).

That is what I was the advised by the international adviser at my University.

http://www.cgu.edu/PDFFiles/International/Travel%20While%20on%20OPT.pdf

okk - thanks for the info!

[Bsze 50]

While it's true you CAN travel while the OPT is pending, there is no guarantee that CBP will let you back in - even if you have the OPT and an employment offer. The employment offer does increase your chances of being let back in, but it's at the discretion of the officer. My DSO has had students being denied entry even though they had both the OPT and secured employment. HOWEVER, those instances were rare.

Also, if she's done with school in the US but has to go back to France to complete her studies... I'm not sure if she will retain her F1 status and thus her eligibility to get an updated I-20.

[Little_My 464]

As the previous posters have stated, traveling out of the country with a pending OPT application and no employment offer is risky business. It is at the discretion of the IO at point of entry to allow her back in or deny entry - it can go either way. When she applies for OPT, she will most likely be approved (OPT is routinely approved for all F1 students who do not have any previous visa violations etc.) and she will get her EAD, she does not need to have a job for that. However, being issued the EAD does not guarantee her re-entry if she leaves before securing a job offer in the U.S.

Also, if her F1 visa is about to expire, I believe she would be required to obtain a new one in France to be able to return as an F1 student on OPT. This might also be challenging with a pending OPT application / issued EAD but no job offer.. She should discuss this in as much detail as possible with the international student services office at her school to make sure she is prepared for possible challenges she might be facing.