Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
1) Can I travel when my OPT application is pending with USCIS for approval ? Can USCIS reject my OPT Application because i might be out of country when they pick my file for approval? If yes can i reapply for OPT again after coming back or what else can be done.
Can I reenter if my request for OPT is pending?
Yes, but traveling during this time should be undertaken with caution. USCIS may send you a request for evidence while you are away, however, so you would want to make sure you have provided a correct U.S. address both to your DSO and on the application and would be able to send in requested documents. Also, if USCIS approves your OPT application, you will be expected to have your EAD in hand to re-enter the United States. Like a request for further information, USCIS can only send the EAD to your U.S. address.
You may file a new application for OPT as long as you are still in valid F1 status or within your 60 day grace period.
2) Can I travel during my CPT as my academic year is still not over and i will have to come back to attend my last class on Oct 10 2015
Yes, CPT is valid F1 status. Since your F1 completion date is October 10, 2015 you must return to the US before the completion date on your I-20 to continue your CPT.
You must have your I-20 endorsed for travel by your DSO before your departure.
Can i continue to work with same company where i am doing my CPT even if i do not receive the EAD card before my opt starts i.e 19 Oct 2015.
No, you must cease working upon the completion of your course of study, the expiration date on your I-20 which is I presume 10/10/2015.
You may only begin work when the EAD for your OPT is issued and on the validity date on the card.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.