OPT but need to travel

[KaeR 1]

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

Not really. I got 5 y F1 8 months before my graduation. My previous visa was for 4 years.They knew I was about to graduate because I got an extension. As far as I know, everyone I talked to and have received a recent stamp, they got 5 years, even though the program is 48 months or they got masters and applied for PhD so their "masters" visa expired in the meanwhile.

I know that there is a lot of stories of people from India not getting F1 on OPT but, again, there is no rule stating you cannot apply for F1 while on OPT. If there is, please, throw a link. I heard that in some countries F1 and F2 are processed very thoroughly (several months long APs) but it doesn't mean it is like that everywhere. I didn't get any question from a consul when I was applying for F1.

Edited August 23, 2013 by KaeR

[Morningmist 76]

OP needs new F1 stamped.

Yeah and the lawyers can help by giving her the "least likely way to screw up" advice at this point. So far you two have been arguing over the minute details whether or not she can or cannot. Her friend's employer's lawyers will be able to direct her specifically for her case with regards to everything.

I seriously never come to random online forums to get advice for specific cases for myself. Most lawyers employed by an employer will help the employee if it helps keep the employee with the company. Provide paperwork or guide you as to what you need from whom. Provided of course the company hires good lawyers.

i do remember my friend getting his visa stamped again during OPT because he needed to go back due to an emergency but that was a long time ago ( around 6 to 7 years) and his company's lawyers helped him with that along with the International student office of his former University.

[KaeR 1]

Going along guidance from her ISSS is the right option. There is no more or less likely way to screw up. As long as she is under OPT, the path is clear and every university follows the same route. Every year a university processes and oversees hundreds OPT applicants. If renewing F1 on OPT wasn't possible, it would be clearly forbidden like it is done with traveling during the grace period or before receiving the EAD card.

Edited August 23, 2013 by KaeR

[olsan3 8]

okay so what i got after everything is..

1) She can travel on OPT, since the OPT is like an extension to the F-1.

2) She needs to get her new i-20 stamped before leaving the country.

3) She should talk to employers legal dept to see what her options are/for the right way to get it done.

Correct?

[KaeR 1]

okay so what i got after everything is..

1) She can travel on OPT, since the OPT is like an extension to the F-1.

2) She needs to get her new i-20 stamped before leaving the country.

3) She should talk to employers legal dept to see what her options are/for the right way to get it done.

Correct?

If I was her I would take/do the following:

1) Contact ISSS(or whatever it is called at her university), present the case and get a checklist of what to take to get her F1 renewed. Every school should have one.

2) Get I-20 signed unless the signature she has right now will not be older than 6 months by the time she returns to the US

3) Take EAD

4) I would take a letter from ISSS stating that she needs to travel due to emergency and she met all conditions to remain in status after her return to the US (it isn't worth a lot but the more paper the better )

5) A letter from the employer that clearly states that she will resume work upon her entry to the US. It should state the exact date of her return

6) Pay stubs

7) Talking to the legal department will not kill her, but the employer cannot really do much. Her former university oversees her OPT.

8) Once back in her country she needs to apply for F1 which can be accepted or rejected.

Steps 1,2,3,5,6 are typically required for traveling while on OPT/STEM with valid F1.

Edited August 23, 2013 by KaeR

[Harsh_77 716]

okay so what i got after everything is..

1) She can travel on OPT, since the OPT is like an extension to the F-1.

2) She needs to get her new i-20 stamped before leaving the country.

3) She should talk to employers legal dept to see what her options are/for the right way to get it done.

Correct?

And she will have to go to consulate in her home country for F1 stamping based on the new I-20.

This is the portion is risky.

[Harsh_77 716]

If I was her I would take/do the following:

1) Contact ISSS(or whatever it is called at her university), present the case and get a checklist of what to take to get her F1 renewed. Every school should have one.

2) Get I-20 signed unless the signature she has right now will not be older than 6 months by the time she returns to the US

3) Take EAD

4) I would take a letter from ISSS stating that she needs to travel due to emergency and she met all conditions to remain in status after her return to the US (it isn't worth a lot but the more paper the better )

5) A letter from the employer that clearly states that she will resume work upon her entry to the US. It should state the exact date of her return

6) Pay stubs

7) Talking to the legal department will not kill her, but the employer cannot really do much. Her former university oversees her OPT.

8) Once back in her country she needs to apply for F1 which can be accepted or rejected.

Steps 1,2,3,5,6 are typically required for traveling while on OPT/STEM with valid F1.

And she will have to go to consulate in her home country for F1 stamping based on the new I-20.

This is the portion is risky.

Thats exactly what I have been saying thru all these post #8 on Kaer's post that is risky.

[KaeR 1]

Sorry, I forgot about taking also the offer letter.

@up, we already establish that. If I had to travel in that situation, i.e. emergency, I would take that risk. Life is risky.

I have been thinking, if it is PWC, they have branches everywhere. Maybe they can "store" her in her country till next October if she gets rejected? Maybe L1?

Edited August 23, 2013 by KaeR

[Harsh_77 716]

Sorry, I forgot about taking also the offer letter.

@up, we already establish that. If I had to travel in that situation, i.e. emergency, I would take that risk. Life is risky.

I have been thinking, if it is PWC, they have branches everywhere. Maybe they can "store" her in her country till October if she gets rejected? Maybe L1?

For L1 she has to work with that same company for 1 year in home country before they can apply.

[olsan3 8]

Sorry, I forgot about taking also the offer letter.

@up, we already establish that. If I had to travel in that situation, i.e. emergency, I would take that risk. Life is risky.

I have been thinking, if it is PWC, they have branches everywhere. Maybe they can "store" her in her country till next October if she gets rejected? Maybe L1?

I dont think she will like that.. as she just got a condo leased for one year and is already working.

thanks guys, keep the ideas coming. I will keep passing them along.

Im sure she isnt the only one who is in this situation. its quite tricky.