F-1 Students Travel During OPT or H-1B Process
· By Rajiv S. Khanna
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.
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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
