OPT but need to travel

[olsan3 8]

Mods if this post is in the wrong place please move it. thanks

My friend graduated from her f-1 this may and is already working on OPT. She said her employer(pwc) tried to get her H1-b but the cap for the year has been reached. So she has to wait till next year.

Heres the situation, there has been a family emergency and she HAS to go home asap. What are her options on making this a reality? She obviously cannot travel on her OPT. Any loopholes available or something of the sort?

[KaeR 1]

Why she cannot travel on OPT? If she works, she can. I traveled with valid I-20. I had as well an offer letter and EAD card. A CBP officer wanted to see only my I-20. She can take as well a letter from her employer stating that she will resume work upon her entry to the US and recent pay stubs but it is needed more on OPT extension.

Edited August 23, 2013 by KaeR

[olsan3 8]

im sorry, your answer is not very clear for me or her.

Right now, she is in between visas, her F-1 expired and she has not received her H-1 yet. all she has is her OPT which clearly states that it is not for re-entry. She does have a valid i-20. she says it comes with the new opt

Are you saying she can still travel as it is? dont you need a visa to enter the country? Can an advanced parole document be used in this situation? or does the OPT serve as an extension to the F-1?

Edited August 23, 2013 by olsan3

[KaeR 1]

If her F1 expired she needs to renew it when back in her country.

[Harsh_77 718]

Well if her visa is expired it would be difficult to get another visa just for OPT.

She can travel on OPT there is no restriction on, if she travels she needs to get her I-20 stamped from DSO of her school.

[KaeR 1]

Yes, there is a problem of F1 extension while on OPT but I know several people who inquired about getting their F1 extended while on OPT/STEM. The answer is yes. I got my F1 extended shortly before graduation so I cannot base it on my experience.

I took a look on several pages belonging to different universities and the summary is:

If you need to renew your F-1 visa while on OPT, your visa will be limited by the time remaining on your OPT. Be sure you have a valid travel signature before leaving the U.S., and carry a valid passport, and an employment letter stating your employment dates and your salary. Take bank statements or pay stubs with you to prove you have funding sufficient to support yourself while on OPT.

Personally, I find the inability to renew F1 while on OPT strange. My work requires traveling abroad and without a valid F1 I wouldn't be able to perform my duties.

Edited August 23, 2013 by KaeR

[Harsh_77 718]

Yes, there is a problem of F1 extension while on OPT but I know several people who inquired about getting their F1 extended while on OPT/STEM. The answer is yes. I got my F1 extended shortly before graduation so I cannot base it on my experience.

I took a look on several pages belonging to different universities and the summary is:

If you need to renew your F-1 visa while on OPT, your visa will be limited by the time remaining on your OPT. Be sure you have a valid travel signature before leaving the U.S., and carry a valid passport, and an employment letter stating your employment dates and your salary. Take bank statements or pay stubs with you to prove you have funding sufficient to support yourself while on OPT.

Personally, I find the inability to renew F1 while on OPT strange. My work requires traveling abroad and without a valid F1 I wouldn't be able to perform my duties.

You can get F1 extended that is not a problem but the problem is when someone travels out of US and has to go to consulate to get the extension stamped.

Most COs would be why you need F1 stamped, you are done with your course that’s what you wanted to do when you first applied for F1, OPT is anyway optional.

[KaeR 1]

You can get F1 extended that is not a problem but the problem is when someone travels out of US and has to go to consulate to get the extension stamped.

Most COs would be why you need F1 stamped, you are done with your course that’s what you wanted to do when you first applied for F1, OPT is anyway optional.

There is nowhere said you cannot get your F1 extended while on OPT. In my opinion, you still maintain your student status while on OPT (similarly to CPT). Check this site: https://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222012 point 2C.

Yes, I know it is risky and it seems that some nationalities are most likely be subjects to rejection.

Edited August 23, 2013 by KaeR

[Harsh_77 718]

There is nowhere said you cannot get your F1 extended while on OPT. In my opinion, you still maintain your student status while on OPT (similarly to CPT) Check this site: https://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222012 point 2C.

The problem is not extending, getting it stamped.

Extension never get rejected as it has supporting evidence either a letter or something from the school, lot of ppl come to US with one major in mind and later change to another major and they need extra time to catch up so extension are fairly normal but for the trip back to US student will have to go to consulate in home country to get it stamped - which is difficult for OPT.

Edited August 23, 2013 by Harsh_77

[KaeR 1]

The problem is not extending, getting it stamped.

You edited your post, I referred to only that one sentence.

I'm talking about going to the consulate. You cannot get your visa extended in the US. She needs to go to the consulate and get a new F1.

Edited August 23, 2013 by KaeR

[Harsh_77 718]

At POE? Once you have your new F1 and all papers in order i don't see a problem.

Ok once you have your extension letter, you will have to go to consulate in your home country so they will put the new visa based on extension in your passport.

At this point most of the officer doing the interview would reject the F1 if only OPT is remaing as it is not a mandatory requirement for getting the degree.

You edited your post, I referred to only that one sentence.

I'm talking about going to the consulate. You cannot get your visa extended in the US.

Visa can be extended in US cannot be stamped in US.

[KaeR 1]

Ok once you have your extension letter, you will have to go to consulate in your home country so they will put the new visa based on extension in your passport.

At this point most of the officer doing the interview would reject the F1 if only OPT is remaing as it is not a mandatory requirement for getting the degree.

Visa can be extended in US cannot be stamped in US.

But she has an employer. What you're saying refers to a person without one. Again, it is risky but not impossible. By the way, 5 year F1 is a new thing. If she has a 4 year F1, her chances may be higher.

Edited August 23, 2013 by KaeR

[Harsh_77 718]

But she has an employer. What you're saying refers to a person without one. Again, it is risky but not impossible.

Employer does not mean anything... OP is on OPT.

The original application (F1) was to go to US for study and get degree not to work. There is an option for students to go on OPT to gain real world experience but that is not a requirement for the degree, OP already has the degree so when OP would go back to the consulate in home country the question CO would ask is why does OP need another F1, degree OP wanted is already there.

But she has an employer. What you're saying refers to a person without one. Again, it is risky but not impossible. By the way, 5 year F1 is a new thing. If she has a 4 year F1, her chances may be higher.

F1 does not have a 4 yr or 5 yr, F1 length is based on the program the student is applying for.

Edited August 23, 2013 by Harsh_77

[Morningmist 76]

She should ask her Employer's immigration lawyers what she can do in order to travel abroad on OPT. They will give her the latest advice specific to her situation. That's what I did whenever I had to travel for visa stamping and other things while working for a company. They will give her the necessary paperwork to resume work on the date specified.

[Harsh_77 718]

She should ask her Employer's immigration lawyers what she can do in order to travel abroad on OPT. They will give her the latest advice specific to her situation. That's what I did whenever I had to travel for visa stamping and other things while working for a company. They will give her the necessary paperwork to resume work on the date specified.

OP needs new F1 stamped.