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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3374
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am currently a recent grad and my visa expired on July

Customer Question

Hi, I am currently a recent grad and my visa expired on July 31st. I applied for OPT and am awaiting my EAD card, but might need to return to China for a family emergency. USCIS said it would take anywhere between 75-90 days and it is day 73 currently. I need to leave in about two weeks...is there any other documentation I can get from my school that will help me re-enter the country.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the attorney helping you today.

In terms of documentation from the school you should have an I-20 with a travel signature that isn't older than 6 months. And make sure that you bring your OPT receipt notice with you. You can travel and reenter while your OPT is pending only with the purpose to "search for employment". However, you will need to get a F1 visa stamp in your home country before you will be allowed back in to the US since it expired.

Also always keep in mind that there is a risk to depart the US while it's pending because if the OPT is denied, they will not allow you back in on your F1.. Other risks include that you may receive a Request for Evidence and you must reply to that immediately so the application won't be denied. Another risk is that if your OPT is actually approved you will need to have the EAD to show when you enter the US.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hello, just checking you were able to view my answer and if you had any questions?

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