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Travelling outside US after graduation but before EAD start date

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  • Travelling outside US after graduation but before EAD start date

    Hi,

    I will be graduating this December and will apply for OPT and EAD card. I already have a job offer.
    I am willing to know if I can travel and re-enter in USA after I get EAD card in my hand, but before EAD/ OPT start date?

    For example, lets say:
    I graduate on December 18th.
    My Job starts on Jan 18th
    My EAD "valid from" (start) date is also Jan 18th.
    So, can I leave on Dec 20th and enter US on say Jan 10th?

    Thanks a lot for your response in advance!

  • #2
    Honestly if you can avoid the urge to leave, I would strongly recommend staying in the US until you have your EAD card. I got approved for OPT after graduating in the spring. Sadly I went home to work on a project without my EAD card. Even though I was approved for OPT something came up with USCIS (life happens) and now I have to wait until the issue is resolved to even be given an EAD Card.

    Though re-entry may be possible, guidance on the matter from USCIS http://www.ice.gov/sevis/trip-cancellation-insurance/ reads as follows:

    "If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one. If you exceed the limits on unemployment while outside the United States, you will not be eligible to re-enter the United States in F-1 status."

    Again I would recommend staying in the U.S until you have the card. P.S the chances of being rejected entry into the U.S after graduation is a little higher.

    My Very Best,
    QUAN

    Comment


    • #3
      Originally posted by Quan View Post
      Honestly if you can avoid the urge to leave, I would strongly recommend staying in the US until you have your EAD card. I got approved for OPT after graduating in the spring. Sadly I went home to work on a project without my EAD card. Even though I was approved for OPT something came up with USCIS (life happens) and now I have to wait until the issue is resolved to even be given an EAD Card.

      Though re-entry may be possible, guidance on the matter from USCIS http://www.ice.gov/sevis/trip-cancellation-insurance/ reads as follows:

      "If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one. If you exceed the limits on unemployment while outside the United States, you will not be eligible to re-enter the United States in F-1 status."

      Again I would recommend staying in the U.S until you have the card. P.S the chances of being rejected entry into the U.S after graduation is a little higher.

      My Very Best,
      QUAN
      Hi Quan,

      Thanks for your reply. I would not leave until I get EAD card. Actually my question was, after getting EAD card: can we leave and enter US anytime or only after start date of OPT/ EAD?

      (I mean, can I enter BEFORE start date of OPT?)

      Comment

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