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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28202
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Below is my situation and questions regarding travel while

Customer Question

Hi,
Below is my situation and questions regarding travel while OPT and CPT :
I am on F1 Status while my academic year will end in Oct 17 2015, my visa in passport will end in Oct 2018.
I am currently on part time CPT and CPT Ends on Oct 17 2015 , I have already applied for OPT 15 days back and my application is pending with USCIS for approval. My OPT Start date is Oct 19 2015.
I am planning to travel out of the country due to family emergency from Sep 27 2015 to Oct 8 2015. My college has already approved travel. I will come back on 8 Oct 2015 and will attend my last class on Oct 10 2015 as my academic year will be over after 10 oct 2015.
Questions :
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.
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 .
3) 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. Also if i can not work what is the best way to continue my employment.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

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.

http://www.ice.gov/sevis/travel

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.

Judith

Customer: replied 1 year ago.
I am still not sure. Can you tell me does USCIS check if the applicant is out of the country or not at the time of approving their opt application . (I understand the fact that they might ask for some documents and i should be available to reply them. For that i have a permanent address and i will have a person available to take care of that part as well) .
My concern is as per law or procedure do they have any obligation if the student is out of country at the time of pending CPT and it be a reason to decline the OPT by them.Also, I want to know if my course is ending on 10 oct 2015 and I am entering in US on 8th OCt 2015...will it be okay. Also i will have to attend the college on 10th oct as it will be my last class.
Expert:  Judith replied 1 year ago.

Can you tell me does USCIS check if the applicant is out of the country or not at the time of approving their opt application .

YES

I don't understand the rest of what you are asking about the OPT. I have given you the link to the ICE website that controls student visa and OPT matters. Not sure what additional you are asking about or for.

You may enter the US on your CPT through midnight 10/10/15. You are in valid F1 status up to that moment and your visa is valid so you will be admissible.

Judith

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