Leaving US after applying for OPT

[sakhuja]

Hi,

I started my Masters in Fall 2007. I took up some courses in Summer so I will be finishing my Credit Hrs by December 2008 (One and a Half yrs). I want to travel to India for for two months (Dec15 to Feb 15). What is the safest way to leave??
1. Apply for OPT and give a starting date of say 10th Feb and come back with EAD and a job offer letter in hand.

2. Put my Final project on hold for one more semester and graduate a semester later.

I just want to go for 2 months in Dec, Please help me. ( My i-20 is valid till Sept 2009)

Thanks
Ankur

[txh1b]

Did you not talk to your DSO? You should not leave until the OPT EAD is approved.

I WILL GRADUATE IN JUNE. CAN I TRAVEL OUTSIDE OF THE U.S. FOR A COUPLE OF
MONTHS AND THEN RETURN TO USE MY OPT?

You cannot leave the U.S. after graduation unless you have already received
your OPT authorization (EAD) from INS. If you leave before receiving your
EAD, you abandon your OPT application. Furthermore, the regulations state
that a student who is authorized for OPT after completion of a degree may
travel and re-enter the U.S. to *resume* employment, provided that the
student has a valid EAD, an I-20 (with a travel signature from within the
last 6 months), and a valid F-1 entry visa. While it is fairly common
practice for students to take a brief vacation outside of the U.S. after
receiving their EAD cards, but before starting work, the regulations do not
allow for a student to travel and re-enter *before* beginning work. It is
possible, although quite risky, to apply for a new F-1 entry visa in a U.S.
consulate abroad while engaging in OPT.

[sakhuja]

So do u suggest that I should leave my project on hold for spring semester?
Well. is there any risk if i have a EAD card and a job offer letter saying that my date of joining is 1st March 2009??

[txh1b]

Risk is 100% if you leave before the OPT gets approved.

Risk is 50% if you leave after getting the EAD card as having EAD card does not guarantee re-entry as per the law. Most people get in without any problems with a valid I-20, student visa and EAD card.

[sakhuja]

Thanks for reply.. Just one more question.
Do you have any idea on how I can maintain my student status for the spring semester with paying additional fees. I mean I will be completing in Fall with a project (6 credits) and a subject(3) credits. So can I put my project on hold and maintain student status? With this student status would I be able to go to India? My I-20 is valid till Sept. 09

[txh1b]

As long as you have not graduated and have been maintaining the student status continuously, you can maintain F1 status. Check with your school ISO about their policies as project should be a Pass/Fail grade and you may need to take an incomplete and re-register.

I am confused as to what your problem is and why you want to prolong your F1 status by leaving the project incomplete. It does not make sense to me as your visa is valid till Sep 09 and you could travel after OPT gets approved.

OPT can be applied 60 days before graduation if my memory is right. You are complicating things for yourself.

[sakhuja]

Again one last question please.

So you suggest that I should apply for OPT in Sept (120 days before Graduating) so that I have the EAD by Dec before I leave.
And it should not be a problem entering US again with an EAD, Valid I-20 and a job offer letter starting from March
Should I give my OPT start date (which has to be between 2 months from the date you graduate) as 10th Feb as I will be returning on 20th Feb.

Sorry for troubling you again.

[txh1b]

Talk to your ISO regarding your options. That is the sole reason every school has them. They are there to answer the questions of international students. If OPT can be applied within 120 days before graduation, you can do it and your plan will work fine. However, the start date on OPT will be the day of approval and not a future date from my past experience even if you have mentioned a particular start date.

Also google for OPT FAQ and you will find tons of info.

[sakhuja]

Thanks for yr Help.

[smoothcaliber]

Opt travel advise

HELLO
i just finished my MS in dec 2016 and just got my OPT EAD card . my OPT will start from 1 fed 2017. i want to travel to india and come back so is it advisable to come back before OPT start or after OPT start? i dont have any job offer letter yet . but i think, it will be problem only if you pass 90 days unemployment period after OPT start? please advise should i travel or not. my college DSO doesn't know anything about this. i just wanna go to india and come back. so can i travel or not. i am leaving soon so pls reply me asap.thanks in advance.