Therefore, you are eligible to apply for OPT program even though your student visa is expiring or has been expired. Again, students, who plan to travel with an expired visa once their OPT is approved, would need a new visa to re-enter the U.S. It is worth noting that students should go back to their home countries to renew their visas.
Can I apply for opt with an expired visa?
To sum, it is ok for students to apply for OPT with an expired visa, but it is highly recommended to have a valid passport for successful OPT application filing.
Can I travel with F-1 visa while waiting for OPT extension?
If your F-1 visa has expired, and OPT or OPT STEM Extension application is pending, you will NOT be able to apply for a new F-1 visa until the application is approved and you have the EAD. Please first check with your employer and the legal counsel processing your H-1B about your travel plans.
Can I travel while my OPT extension is pending?
1 Travel While OPT or OPT STEM Extension is Pending. Travel during the OPT application process is allowed, but not recommended as it poses certain risks. 2 Getting an F-1 Visa Stamp During OPT/STEM. ... 3 If You Are on OPT & Have a Pending or Approved H-1B or OPT Cap-Gap I-20. ...
Can I apply for an H-1B visa after opt expires?
Individuals who have a Bachelor’s Degree or advanced certification, as well as an employer to sponsor their petition (note: this is a complex process that must be started months before OPT expires), may be eligible to apply for an H-1B visa. This is a temporary worker visa, and if granted, it can last for up to six years.
What if my F-1 visa expires while on OPT?
If you are approved for OPT/STEM while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States. If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment.
Do I need to renew my F-1 visa while on OPT?
Renewing Your U.S. Visa While on OPT If you travel outside of the U.S. after your F-1 visa is expired during your post-completion or STEM OPT period, you will need to renew your visa before returning. Please note, you are still on F-1 student status while on OPT/STEM OPT, even though you have graduated.
Can I travel with an expired F-1 visa?
You are certainly not required to renew your entry visa in order to maintain status within the United States. However, if you travel outside the United States after your F-1 visa expires, but haven't completed your studies, you will need to apply for a new visa stamp before you can reenter in F-1 status.
Can I travel with EAD expired visa?
If your STEM OPT extension application is pending with USCIS, it is okay to travel internationally. This is true even if your post-completion OPT EAD is already expired.
Can I travel abroad while on OPT?
The best case scenario for traveling abroad while on OPT is that you have a valid passport, valid F-1 visa, valid EAD, and I-20 with a recent travel signature, and you are coming back to work on your OPT.
Do you need a new visa for OPT?
Since OPT is a F-1 benefit, an F-1 visa is necessary if you are returning to resume OPT employment. To apply for a new F-1 visa, you should go to a U.S. Embassy or Consulate, preferably in your home country. The process to apply for a visa while on OPT is very similar to when you were an enrolled student.
Can I travel while my OPT application is pending?
You may travel abroad and reenter while your I-765 OPT application is pending without your departure canceling your OPT application. You must reenter the U.S. before the graduation date on your I-20. To reenter you must have the following documents: Valid passport.
Can I enter U.S. with visa about to expire?
A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States.
How do immigration know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.
Can I fly with expired work authorization card?
If you do not have an unexpired green card or an unexpired EAD, you may use a border crossing card or a foreign government-issued passport to fly domestically within the U.S.
What happens if my EAD card expires?
The “Card Expires” date on the EAD has passed but they are still covered under the automatic extension of up to 180 days. They now have an additional extension of up to 360 days, for a total of up to 540 days past the expiration of their employment authorization and/or “Card Expires” date stated on their current EAD.
What if my employment authorization card expires?
If you are still eligible to apply for employment authorization, or are still employment authorized incident to your status or circumstances, but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and ...
Can I travel inside the US with my EAD card?
As the list indicates, the TSA accepts a variety of forms of documentation for domestic flights. Notably for many foreign nationals, permanent resident cards and employment authorization cards are both acceptable forms of documentation for domestic flights.
What regulation requires F-1 students to maintain a passport?
When it comes to the passport, the immigration regulation 8 CFR 214.3 (i) requires F-1 students to “ maintain a valid passport ” to comply with “ DHS [Department of Homeland Security] regulations pertaining to them .” It also says that “DHS officers will take appropriate action regarding violations of the regulations by nonimmigrant students.”
Do foreign students have to go back to their home countries to renew their passports?
One good thing though is that foreign students don’t have to go back to their home countries to renew their passports if there are embassies in the United States. Students can google their embassies in the United States and inquire what is the process to renew the passport. (i) Administration of student regulations.
Can an international student apply for an OPT with an expired passport?
In this sense, it is highly unlikely that USCIS would approve the OPT application with an expired passport.
What happens if your F-1 visa expires?
If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment.
How to apply for OPT?
Travel during the OPT application process is allowed, but not recommended as it poses certain risks. Keep in mind the following: 1 You will need to have someone monitor your mail and let you know if you receive any communications from USCIS. 2 If you receive a Request for Evidence, you will need to respond by a specific deadline, which could be difficult from outside the U.S. 3 For post-completion OPT: If you are denied for OPT while outside the United States after your Program Completion Date, you will not be able to re-enter or reapply. Your F-1 status will end. 4 For OPT STEM Extension: If you are denied for OPT STEM Extension while outside the United States after your OPT EAD end date, you will not be able to re-enter or reapply. Your F-1 status will end. 5 If you are approved for OPT/STEM while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States. 6 If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment. 7 If you choose to travel while your application is pending, be sure that you are monitoring your mail. Sign up for an account with USCIS Case Status online#N#(link is external)#N#. C ommunicate with BIO about your travel plans.
What happens if you are denied for OPT?
For post-completion OPT: If you are denied for OPT while outside the United States after your Program Completion Date, you will not be able to re-enter or reapply.
Can an F-1 student travel outside the US?
In general, an F-1 student on post-completion OPT may travel outside the United States temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. The student must not have exceeded the maximum OPT unemployment or OPT STEM Extension unemployment time.
How is my application for a new visa stamp affected by OPT?
When you have graduated, and you are on OPT or OPT STEM extension, you have a somewhat higher risk of being denied renewal of your visa stamp. This is because your F-1 student visa requires that you intend to return to your home country at the end of your study program.
Do I need to have a travel line on my I-20?
Yes! While you are on OPT or OPT with STEM extension, if you travel outside the United States, you need to have the travel line on your I-20 signed every six months.
Can I travel internationally if my application for OPT STEM is pending?
You may travel out of the United States and reenter while your STEM extension application is pending. You just need to show the USCIS I-797 receipt notice for your OPT STEM application. You will also need the other documents required for travel while on OPT with STEM extension.
Can you travel on OPT?
For Students. If you want to travel outside the country while on post-graduate OPT or OPT with STEM extension, you will need to follow certain rules and carry various documents in order to reenter the United States. Be aware that post-graduate OPT is an extension of your F-1 status.
Can I travel internationally before OPT?
If you have applied for OPT, we suggest you do not travel internationally before it is approved, and you have your EAD card. If your OPT application is denied while you are abroad, you cannot reenter the United States in F-1 status to reapply for OPT. I’m waiting for my OPT approval.
Can you get a visa if you are on OPT?
Now that you are on OPT or OPT STEM, it may be harder for you to convince the embassy official of your intent to return home. If the official is not convinced, your visa application will be denied. However, many students on OPT do get their F-1 visa stamps renewed. If you’re concerned, please talk with one of our advisors.
Is post graduate OPT an extension of F-1?
Be aware that post-graduate OPT is an extension of your F-1 status. If you return to the United States in another status—as a tourist, for example—it will invalidate your F-1 status and OPT authorization.
Travel While OPT Application is Pending
International travel while an OPT application is pending can be risky and is not generally recommended. If you have an OPT application pending and believe you must travel, you are required to have the following to return:
Travel After OPT is Approved
If your post-completion OPT has been approved (your EAD has been issued by USCIS) and you have a job or a job offer, you may leave and re-enter the US in order to begin/resume employment. In order to have the best chance of re-entering the US without problems, you should be sure you have the following documents:
Travel While OPT STEM Extension Application is Pending
If your post-completion OPT has not expired yet, you can travel as usual on your approved OPT. If your OPT has expired and your STEM application is still under review, we would recommend you do not travel outside the US. If you believe you must travel, you should take:
Travel After OPT STEM Extension is Approved
Students who wish to travel outside the US during their OPT STEM Extension should take the following with them:
OPT Frequently Asked Questions (FAQs)
Please be aware that an F-1 visa renewal is not guaranteed and you could find yourself subject to delays, including Administrative Processing .
What if my F-1 student visa has expired?
You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.
What if I have an expired passport or one that will expire in less than six months?
You must renew your passport before you re-enter the United States. Usually, to enter the United States, you must have a passport that is valid for at least six months after the date you enter or re-enter.
Do dependents have to travel with the primary?
No . However, your primary must be maintaining status. Consult the DSO from your primary’s school to ensure your primary is in status before traveling. You will need a valid passport. See Re-entry for F-1 Non-immigrants Travelling Outside the United States for Five Months or Fewer above
Are there any other requirements for dependents to travel outside the United States?
However, if you are not returning to your country of citizenship, you should check the requirements of the country you are visiting . Some countries will require a visa. You may also need a visa for countries where you are making a connecting flight. Be sure to check before you travel.
Do M-2 nonimmigrants have to travel with the primary (M-1)?
No. However, you must be able to show that your primary (M-1) has been admit ted and has maintain ed student status. We recommend that you consult with the DSO from your primary’s school to ensure the M-1 is in status before traveling. You will need the documents, which are listed in the “What documents do the spouse and minor children of a continuing M-1 student need to reenter to the United States after traveling abroad?” FAQ.
Do I need a valid visa to visit Puerto Rico, or the U.S. Virgin Islands, or the Northern Mariana Islands?
No, unless your travel plans include entry to any other country en route to these U.S. territories. You will need a valid Form I-20 and a valid unexpired Form I-94. Be sure that you do not have a terminated SEVIS record indicating that you are out of status.
Can I reenter during the 60-day period after finishing my program or OPT?
No. The 60-day “grace” period is only to prepare to leave the country.
When can I start my OPT?
You may begin your OPT only after we approve your Form I-765 and you receive your Employment Authorization Document (EAD).
How long does it take to get an extension for OPT?
If you have earned a degree in certain science, technology, engineering and math (STEM) fields, you may apply for a 24-month extension of your post-completion OPT employment authorization if you:
How long is post completion OPT?
For example, if you participated in 10 months of pre-completion OPT, you would be eligible for only up to 2 months of post-completion OPT.
What does it mean to be terminated from an EAD?
Maintaining your student status includes not working on a terminated EAD, as the termination means that you are no longer authorized to work in the United States using that OPT EAD. Working in the United States without authorization has serious consequences, including removal from the country and reentry bars.
What is an OPT?
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
When can I file Form I-765?
1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by Oct. 31, 2021. Read more here: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT.
When does the cap gap expire?
If you are an F-1 student with a timely filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs (typically Oct. 1), you may be eligible for a cap-gap extension. Go to our Cap-Gap Extension page for more information.
