Training and Travel
Optional Practical Training and Travel
On April 08, 2008, the U.S. Department of Homeland Security (DHS) issued updated guidance on F-1 Optional Practical Training (OPT) and travel. This guidance is different from previous practices regarding travel, and applies to those who are traveling but are not currently employed or do not have a job offer, or who are applicants for an 17-month OPT STEM Extension.
Travel Outside the United States When Your OPT Application Is Pending (including 17-Month STEM OPT)
An F-1 student who has timely filed an application forinitialOPT post-completion of study may travel outside the United States while the OPT application is pending, provided that the F-1 student can present the USCIS Processing Center Receipt, proving that the application has been filed. However, a person who has applied for a 17-month OPT STEM extension, whose current EAD card has expired, cannot travel outside the United States, even if employed, until the new EAD card is received.
Travel Outside the United States Once the EAD Card is Issued
Once the EAD card for OPT is issued to the F-1 student, and the student decides to travel abroad, the student can only re-enter the United States toresume employment . DHS has clarified that the F-1 student does not need to have already begun actual employment before leaving, as long as the student has a job offer to which to return.
Have a Valid I-20 When You Travel
When traveling, be sure that the travel signature on page 3 of your most recent I-20, endorsed for initial OPT (or the 17-Month OPT STEM Extension) will be less than six months old on the date that you will re-enter the United States. If you will need an updated travel signature, please contact the ISS prior to your travel date.
Travel Outside the United States and Days of Unemployment
If a student whose approved period of OPT as indicated on their EAD card has started then travels outside of the United States while unemployed, the time spent outside the United States will count as unemployment against the 90/120-day limits.
If a student travels while employed either during a period of leave authorized by an employer or as part of their employment, the time spent outside the United States will not count as unemployment.
OPT and Applying for a New F-1 Visa Abroad
If you will need to renew your F-1 visa, you must have your I-20 endorsed for OPT, an official transcript from SUNYIT (and proof of your degree if you have graduated) your EAD card (or receipt notice) and proof of a job or job offer as minimum documentation requirements. If the EAD application is still pending, some consular officials will accept the receipt notice in lieu of the EAD card, but this can be risky.
Travel Abroad When A Petition for a Different Visa Has Been Filed
Students on OPT who have a pending or approved petition for a different non-immigrant or immigrant visa (for example, H-1B) are urged to consult with the individual filing their petition (such as an attorney) for advice on travel. A pending application for H-1B, that has not yet been approved, will be considered to have been abandoned if the beneficiary travels abroad. A pending application for permanent residency will also be considered to have been abandoned unless the beneficiary has a valid advance parole document. If a petition has been approved, it is essential to consult with the individual who has filed the petition for advice on travel and documentation.
General Advice
The best general advice is that a F-1 student on OPT, who has received the EAD card, and has to travel abroad should make sure that there is documentation from his or her employer confirming the employment or their job offer. Otherwise the student assumes a risk that he/she may not be allowed to re-enter the United States.