Traveling under Student OPT when AP is pending

[davlor 0]

My wife sent in an AOS and 1-131 on 8/24/2006. We are hoping to travel out of the country in December, and it sounds like the 1-131 AP may not be processed by December, especially since we live in NYC.

The thing is, my wife entered the USA on an F-1 Student visa; she has graduated and is now under Optional Practical Training (OPT), which does allow her to re-enter the USA, provided she has a job, or has been looking for a job.

My question is, can my wife reenter the USA under OPT, or does the fact that we have filed an I-131 (and an I-485) in some way invalidate the OPT travel authorization?

I'm very confused, as you can see, so all advice will be treasured. Thanks!

[Boiler 43,618]

Yopu stand a reasonable chance of getting AP by December.

She is adjusting status now, plus of course a F1 requires non immigrant intent.

[davlor 0]

So, what you are saying is, she would not be able to enter the country with a F-1 visa + OPT, even though she is working a job that meets all the requirements of the OPT?

I mean, she will not be re-entering the country purely for immigration--she'll also be re-entering to continue her optional practical training under the F-1 visa. So this is why I'm confused.

Thanks for your help.

[khool 0]

So, what you are saying is, she would not be able to enter the country with a F-1 visa + OPT, even though she is working a job that meets all the requirements of the OPT?

I mean, she will not be re-entering the country purely for immigration--she'll also be re-entering to continue her optional practical training under the F-1 visa. So this is why I'm confused.

Thanks for your help.

davlor -

We are in a similar situation. Your wife should be fine to travel on AP, as she is AOS pending.

[Dr_LHA 3]

So, what you are saying is, she would not be able to enter the country with a F-1 visa + OPT, even though she is working a job that meets all the requirements of the OPT?

I mean, she will not be re-entering the country purely for immigration--she'll also be re-entering to continue her optional practical training under the F-1 visa. So this is why I'm confused.

Thanks for your help.

OPT is not a visa it's a work authorisation, the F-1 is the visa. When your wife filed AOS her F-1 visa became invalid. Because F-1 is not a dual intent visa it is not possible to use it to travel after AOS has been filed. She needs to wait for the AP. If she tries to travel on the F-1 after AOS has been filed, its quite likely she will be denied re-entry into the US upon returning and deported.

[nemu 0]

I am not sure the visa itself became invalid, just the basis for using that particular type of visa is invalid - you pointed it out very well.

I have to agree, entering US with non-imigrant intent visa while AOS is pending should not be attempted. Wait for AP approval.

[Heracles 417]

** Warning ** Do not Travel without AP otherwise your case will be thrown out and you may be denied entry into the US (3 year bar). As stated above, the second you filed for AOS you existing visa was probably made null / void.

Edited September 18, 2006 by Infidel