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QUESTION: Any chances of my OPT Extension getting abandoned?
Hi James, Thank you for your response. it was a relief after talking to you. Just to clarify again.. I heard (not from credible source though) if we travel outside U.S. after applying for OPT Extension, there are chances that USCIS Considers my application of Extension as abandoned. Yes, I will be returning on F-1 Status. You are saying, it wont be abandoned as long as I return to U.S. on F-1 right ?
And Can you please provide me any documentation or a rule or a section in a law which describes about what you said or about the situation I asked for? so that you know, I can read it and be confident about it ?
James, Thank you again for your response.
Yes , I thought about Applying after coming back. But unfortunately, My school "Office of International Affairs " already generated my OPT Extension I-20. Because of that, I will have to send documents to USCIS within 30 days from the Extension I-20 generated.
I asked in School, if they can cancel it so that they can regenerate Extension I-20 when I come back to U.S.
Office of International Affairs replied saying "we are not sure if there will be any problem if you want to cancel it now". They said it might be a risk if they cancel the generated Extension I-20. They are not sure about it I believe.
And that's why I wanted to know if USCIS will abandon my application if I apply for OPT Extension and then travel outside U.S and come back. And wanted to look at any source which describes this situation.
Yes, I am referring for applying to STEM OPT Extension for 17-months.
My details (to be clear)
I applied for my initial OPT after my graduation. It got approved. so, my initial OPT is valid from Jan 15 2013 TILL Jan 14 2014.
I want to apply for STEM Extension for 17 months on around October 21 2013. and want to leave U.S on October 25 2013 and be back on December 08 2013. ( I am eligible for STEM Extension)
Thank you for your response. I do appreciate your answer according to the Law, irrespective of it favors me or not. I wanted to know what law says. You are doing a great job. I truly appreciate your real answers.
I have looked at the sources you mentioned. However, the second source(washington.edu) answers for this question: "Can I travel outside of the U.S. if my original EAD expires and my 17-month extension is still pending?
in my case my original EAD does not expire.
If you can PLEASE look at the following source :
and under the title "Before you receive the OPT STEM extension work card".
It says that there should not be any problem. Few sources claims I cannot travel during my situation and few sources say there won't be any issue.
and so I was looking for a strong and credible answer for 2 questions:
1) if I leave after applying my STEM Extension. will I be able to re-enter U.S as my original OPT is valid
2) if I leave after applying my STEM Extension and come back. will my extension be considered as abandoned?
So, you are saying I might be granted entry as my OPT will be valid and at the same time I might having risk of denying my entry. so I understand that there is no standard and a gun shot answer for my situation. am I right ?
I am worried about this as I cannot make a decision based on uncertainty. but I do appreciate your answer on this.
If I want to apply for STEM Extension after coming back on December 08 2013. I will have my OPT Till January 14 2013. but my situation is something like I explained you earlier. My University Office of International Affairs already generated my OPT/STEM Extension I-20 and I was told I should submit my documents to USCIS within 30 days the Extension I-20 is generated.
I tried asking them to cancel the generated I-20, and regenerate it on December 08 2013 so that I can apply to USCIS after that. However, International office is not sure about what happens if they cancel the generated I-20.
QUESITON: So, you are saying I might be granted entry as my OPT will be valid and at the same time I might having risk of denying my entry. so I understand that there is no standard and a gun shot answer for my situation. am I right ?
ANSWER: Correct. You are eligible to enter and you are eligible to continue the STEM extension, but it is not a guarantee. Again, however,r keep in mind that the risks are very small. I just have to tell you that it is possible. Doesn't mean it is a probably outcome. Unfortunately, I can't give you a percentage.
QUESTION: I am worried about this as I cannot make a decision based on uncertainty. but I do appreciate your answer on this.
ANSWER: I reiterate that the risks are very small. Again, it is possible, but not probable.
QUESTION: Do you know if I can really Cancel the generated I-20 and ask international office of my school to regenerate I-20 on December 2013 ? (after I come back to U.S)
ANSWER: Only if you have a previous I-20 that remains valid. You can't enter the US without a valid I-20.
Thank you for your answers. can I get back to you here, if I have any concerns regarding the same question ??
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