Update 1- Feb 8, 2021
Can students on OPT CPT work remotely during the COVID times. ICE says yes. See from page 12 on of this FAQ released by the govt.
https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
Update 2 - Feb 8, 2021
How to account for the excepted days off and employer close downs.
https://studyinthestates.dhs.gov/2016/12/opt-students-what-do-if-your-employer-closes-during-holidays
Post completion OPT (First Year)
OPT applied and pending
You can travel, but NOT recommended
What if There is an RFE?
What if the OPT is denied?
You will not be able to enter the USA on F-1 if your OPT is denied.
OPT approved
You CAN travel if:
You have a valid passport and F-1 visa
Proof of employment/training
I-20 endorsed for travel
Note that the time outside during OPT is counted towards your maximum permitted days of unemployment
STEM OPT
STEM OPT applied and first year OPT is still valid
You can travel if:
You have a valid passport and F-1 visa
Proof of STEM employment/training
Proof that you worked during the first year OPT
I-20 endorsed for travel
STEM OPT applied and first year OPT expired
Do NOT travel until STEM OPT is approved
STEM OPT approved
You can travel if:
You have a valid passport and F-1 visa
Proof of STEM employment/training
Proof that you worked during the first year OPT
I-20 endorsed for travel
Note that the time outside during OPT is counted towards your maximum permitted days of unemployment
H-1B application process
Travel before lottery is filed
You can travel. Make sure you meet the requirements of OPT or STEM OPT travel
Travel after lottery is filed or selected, but before H-1B petition is filed
You can travel. Make sure you meet the requirements of OPT or STEM OPT travel. Be back in the USA when the H-1B petition is filed.
Travel while H-1B petition is pending
NOT recommended. It creates problems.
What problems?
1. You may not be able to return until H-1B is approved and you get an H-1B visa.
2. If you are able to return, your cap gap may have terminated.
3. you will have to get an H-1B visa OR apply again for change of status, which exposes you to RFE's just like the original filing.
Travel after H-1B petition is approved
If you travel before your H-1B start date
You may have to wait outside the USA. Get an H-1B visa stamp. Enter USA no earlier than 10 days before your H-1B start date.
If you travel after your H-1B start date
You will need to obtain an H-1B visa stamp at the consulate
Nonimmigrant Visas
- DSO
- F Visa
- F-1 Visa
- OPT
- STEM
- H Visa
- H-1B Visa
Attachments
| Attachment | Size |
|---|---|
| F-1 Visa Holder, May you Travel (OPTH-1B Situations).png | 163.84 KB |
Comments
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Travelling
HiI have some questions regarding travelling.I am in first opt which ends on last of September 2022, my f1 visa will expired on the end of the june 2022 and my first year erd validation is till the end of September 2022.Currently I have an employer with intership fulltime.My plan is to visit my country Bangladesh in the middle of july for some family reason .I have valid passport , erd and letter of employment, and I20 for the first year.
My concern question :Shall I have to renew visa before I return to usa ?What are the documents shall I need more for apply the visa ?Shall I have to travel with stem opt ?I don’t apply for h1 b visa this year .Please help me out so that I can take a prefect decision regarding the travelling.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Post your question in of free community calls
https://forums.immigration.com/forums/free-conference-call-for-us-immig…
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Could you elaborate a bit…
Could you elaborate a bit more regarding the Note under "STEM OPT" - [Note that the time outside during OPT is counted towards your maximum permitted days of unemployment] Does this mean days spent outside the US while on STEM OPT is attributed to unemployment days (even you are technically employed)?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM OPT Time outside the USA
Hmm. This will require some explanation. I will post an entry on my blog this week. Keep an eye out.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Unemployed days
What do you mean when you say. “ Note that the time outside during OPT is counted towards your maximum permitted days of unemployment” even if it it paid time off?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Time outside the USA on OPT
ICE has flip-flopped on this during the COVID times. Start your research here:https://www.ice.gov/sevis/practical-training
I will briefly lay out the original rule, which was unless the time outside the United States is a part of your routine vacation given by the employer to all employees, your time will be counted as an absentee from work. During the Covid times, ICE allowed people to work remotely. Look at the link above and follow through to see what the current thinking is. I will try to update you when I get a chance.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Travelling on STEM OPT extension to Indiawhile laid off
Hi,
My last working Date is 9th December 2022. I work as a contractor for a Fintech client through an agency.I'm travelling to India on 7th December. My agency told me that they won't report unemployment when I'm out of US so it does not count towards the unemployment days. And in the mean time we will also try to find another project.
I was wondering if I will face any immigration issues upon arrival back to US. I have 75 days left of unemployment.
Thank you!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Travelling on STEM OPT extension to India while laid off
Not reporting does not take away the problem; it merely hides it. I think traveling is a bad idea under the circ*mstances.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Traveling after H1B gets picked
Hello,
Can I travel to Mexico for a 3 days cruise from Florida in May 2023, if my H1B is picked or pending? I am currently on Day 1 CPT at Westcliff University.
Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Travel
Please see this entry on my blog for travel https://www.immigration.com/blogs/f-1-students-travel-during-opt-or-h-1b-process
Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.
- Add new comment
