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claudio1

Travel on approved OPT, no EAD card

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Hi!

Here's my situation. Any help is much appreciated!

- applied for OPT 5/9/2011

- OPT approved and "card production" stage on USCIS website on 7/29/2011

- OPT approval notice mailed and "post-decision activity" stage on USCIS website on 8/4/2001

I am abroad and will re-enter the U.S. on 8/16. I may not get my EAD card in time before re-entry. I have:

- valid F-1 visa

- I-20 endorsed for OPT on page 3 and signed for travel in May 2011, but date on page one of I-20 is past (I've graduated)

- job offer letter on company letterhead with job dates and pay

- proof of OPT application receipt by Vermont Service Center

Will I have problems re-entering? I'm reading that it's often up to the IO at the port of entry, but I want to know: how strong is my case?

Regards,

Claudio

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In other words you have evidence that (1) you applied for OPT and (2) have a job available to you, but no proof that your OPT was approved and you are eligible to work...

Dunno, might go either way. :unsure:

Can you have someone mail you the EAD card once it arrives to your US address?


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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In other words you have evidence that (1) you applied for OPT and (2) have a job available to you, but no proof that your OPT was approved and you are eligible to work...

Exactly. I can print out the notice of OPT approval from the USCIS web site, but I don't know what good that'll do.

Can you have someone mail you the EAD card once it arrives to your US address?

A friend in the U.S. is ready to mail it to me. The problem is that the EAD card may not arrive in time even at the US address! :wacko:

What about entering as a tourist on visa-waiver and then begin working as soon as I get my EAD? Is that even possible?

Thanks,

Claudio

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ICE states that you can return only with a job offer in hand in this particular case.

www.ice.gov. They have a special section about this topic for student/exchange students.

Edited by CC90

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Exactly. I can print out the notice of OPT approval from the USCIS web site, but I don't know what good that'll do.

A friend in the U.S. is ready to mail it to me. The problem is that the EAD card may not arrive in time even at the US address! :wacko:

What about entering as a tourist on visa-waiver and then begin working as soon as I get my EAD? Is that even possible?

Thanks,

Claudio

Entering on VWP would not work, if you enter on VWP then they would mark the same in the system and after 90 days you would be out of status.

Next entry or any appointment with embassy would be hell, system showing you on VWP and then you claiming to be on approved OPT and their system showing u enterd on VWP its going to be mess.

You can print the approval page from USCIS website, hopefully that should work.

Edited by Harsh_77

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I just experienced this a few weeks ago. My boyfriend mailed my EAD to me in SA. I had that and my job offer letter with me at the POE, but I only got asked my passport and I-20. The officer did not even look at my EAD or ask any questions. However, I'm sure she could have, so it really depends.

Edited by Pickle

ROC:

04/26/17:  Sent ROC package

04/27/17:  Package received

05/20/17:  Biometrics letter received

06/02/17:  Biometrics

08/22/18:  Card being produced

 

AOS from F1 visa:

08/16/14: Sent AOS package: I-130, I-485, I-765, I-131

08/19/14: Package received at Chicago Lockbox

08/22/14: Acceptance confirmation text messages/emails

08/22/14: Checks cashed

08/26/14: Hard copies of NOA's received in mail

08/27/14: Biometrics appointment notice received. Scheduled for 9/8/14.

09/08/14: Biometrics

11/14/14: File service request (Day 88)

11/24/14: EAD/AP approved (Day 98)

12/01/14: EAD mailed

12/03/14: EAD received

03/12/15: Status changed to Testing & Interview

04/16/15: Interview, no decision

07/17/15: "Your card is in production" email!

08/07/15: Card mailed

08/10/15: Card received!

~11 months, 3 weeks & 4 days from filing to green card in hand, no RFE's~

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Question to Pickle and others.

When you come back into USA with either I-20 or OPT with EAD - - -

You nevertheless must have a F-1 visa that has not yet expired - - - yes??

It would seem in most cases that the F-1 visa would be expired or near expiration by the time you were able to apply for OPT - - - yes?


Question to Pickle and others.

When you come back into USA with either I-20 or OPT with EAD - - -

You nevertheless must have a F-1 visa that has not yet expired - - - yes??

It would seem in most cases that the F-1 visa would be expired or near expiration by the time you were able to apply for OPT - - - yes?


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 Year Green Card Process

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VT.

August 12, 2017 ASC appointment received. 19 days since ROC in VT.

August 25, 2017 BIO completed. 32 days since ROC received in VT.

August 11, 2018  18 month extension letter received.  Critical number  297

September - October 2018  10 year card expected ????

- - - - - - - -

Service Center: VSC
First 5 Digits EAC 17297
NOA1 Date: July 24, 2017
Filed N-400: Not yet

Case Transferred: Not yet

Approved?: Not yet

     If yes, did you have a RFE? Not yet.  On what date?:

     If yes, did you have an interview? On what date?:

Received 18 month extension letter on August 11, 2018

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Question to Pickle and others.

When you come back into USA with either I-20 or OPT with EAD - - -

You nevertheless must have a F-1 visa that has not yet expired - - - yes??

It would seem in most cases that the F-1 visa would be expired or near expiration by the time you were able to apply for OPT - - - yes?

Question to Pickle and others.

When you come back into USA with either I-20 or OPT with EAD - - -

You nevertheless must have a F-1 visa that has not yet expired - - - yes??

It would seem in most cases that the F-1 visa would be expired or near expiration by the time you were able to apply for OPT - - - yes?

Sorry I only saw your post now! One of the things the DSO at my school made sure of when I informed them that I am traveling on OPT, was that my visa would not have expired when I re-enter the US. I would not have been able to re-enter the US if my visa has already expired, and the chances of me getting issued a new visa only for OPT was VERY unlikely, since OPT is not a requirement for your degree. Luckily my visa only expires in November of this year!


ROC:

04/26/17:  Sent ROC package

04/27/17:  Package received

05/20/17:  Biometrics letter received

06/02/17:  Biometrics

08/22/18:  Card being produced

 

AOS from F1 visa:

08/16/14: Sent AOS package: I-130, I-485, I-765, I-131

08/19/14: Package received at Chicago Lockbox

08/22/14: Acceptance confirmation text messages/emails

08/22/14: Checks cashed

08/26/14: Hard copies of NOA's received in mail

08/27/14: Biometrics appointment notice received. Scheduled for 9/8/14.

09/08/14: Biometrics

11/14/14: File service request (Day 88)

11/24/14: EAD/AP approved (Day 98)

12/01/14: EAD mailed

12/03/14: EAD received

03/12/15: Status changed to Testing & Interview

04/16/15: Interview, no decision

07/17/15: "Your card is in production" email!

08/07/15: Card mailed

08/10/15: Card received!

~11 months, 3 weeks & 4 days from filing to green card in hand, no RFE's~

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