Re-entering USA in OPT status

[Leo7777 243]

Conventional wisdom on several websites tell that: After USCIS has issued an EAD card for post-completion OPT, in order to have the best chance of re-entering the U.S. without problems, you should be sure you have the following documents in your possession :

1) Passport valid for six months after you plan to re-enter the U.S.

2) Valid F-1 visa stamp in your passport.

3) I-20 with a valid travel signature no older than six months.

4) EAD card.

5) Evidence that you already have a job in the U.S. or that you have a job offer.

Personal circumstances required that my friend leave the USA after she had received a new I-20 endorsed for OPT and had sent in all the forms to apply for OPT but before she received approval and EAD card. Also her existing F-1 visa had expired. There were dire warnings from all corners that she would have trouble re-entering USA.

Her EAD card was received at her USA address and sent to her FedEx in her home country.

An employment letter was obtained from an appropriate USA employer and sent to her in PDF form that she could print off in her home country.

With these documents, she applied for and received a new F-1 visa valid for 3 years. No idea why they gave the 3 year visa instead of only a 1 year visa for the 12 months of OPT.

Upon arrival at USA airport . . . they looked at her 1) passport, 2) new F-1 visa, 3) new I-20.

She had the (4) EAD card and (5) employment letter . . . but she was not asked anything about them.

Note: This is not to imply that items (4) and (5) will not be asked for with respect to another individual. But just reporting a recent experience.

[Leo7777 243]

I forgot to note one additional item.

It is also commonly stated that the person is taking a risk by returning to home country with an expired F-1 visa . . . and trying to get a new F-1 visa for OPT.

In this case, she did get the new F-1 visa specifically for OPT, and it was for 3 years which is beyond the 12 months of OPT and even the initial 12 months plus 17 months (total of 29 months) of OPT available for STEM graduates which she is.

Again, this doesn't set the rule . . . only indicates she was lucky.

[Pickle 65]

Thanks for sharing the experience. I would definitely say she can consider herself lucky, as OPT is not a requirement for completing the program she came here for. So everyone in the same situation reading this experience should note that it is not a given (like you say it does not set the rule). Glad that it worked out for her so well! Everytime I traveled, they also never asked for additional documents, only the usual passport with visa, and I-20.

[iishlegend 1]

thanks for sharing. i was in the same boat, wasn't asked for additional evidence. Anyhow, rules state that proof of employment should be in hand, but not a prerequisite for reentering the US. visa validity is different from visa status, as long as OPT is filed correctly she is on status and everything should be fine in their system.