F-1 Students Travel During OPT or H-1B Process



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

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F-1 Visa Holder Travel Abroad (OPT/H-1B)

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

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