Travel on approved OPT, no EAD card

[claudio1 0]

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

[rika60607 215]

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.

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

[claudio1 0]

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!

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

[CC90 90]

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 August 17, 2011 by CC90

[Harsh_77 716]

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!

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 August 17, 2011 by Harsh_77

[Shashaankar 0]

Hi actually I'm in a similar situation, could you please let me know were you able to re-enter the country and any additional documentation you need for reentry ?

[Pickle 65]

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 February 4, 2014 by Pickle

[Leo7777 243]

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?

[Pickle 65]

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!