圣诞节想回家,研究了一下OPT期间回国的问题
很多人被EAD卡上的小字骗了,认为OPT期间不能回国,其实是可以的!(感谢经寒这个鲜活的例子触动了我,恩)具体见下:
=============
Traveling Outside the U.S. While on Optional Practical Training
Reentry provisions of the regulations require students who have
graduated and are on authorized Optional Practical Training to present
the following documents to reenter the U.S.:
1. SEVIS I-20 Student Copy, signed on the back by the Foreign Student
Advisor within the last six months
2. The Employment Authorization Document (EAD). Note that the EAD card
says “Not Valid for Travel” on the face of the card. This means that
you cannot use the EAD alone to reenter the U.S., but that you need to
also have the signed I-20
3. A valid passport
4. A valid F-1 visa stamp (e.g. unless traveling to contiguous
territory for less than 30 days—see travel handout).
5. A job offer letter. F regulations allow for travel and reentry in
order to “resume employment.” While a job offer letter is not required
to obtain OPT, it is recommended that students who travel have a job
offer letter with them when they are entering the US. Those who do not
carry all of these documents may not be allowed to reenter the U.S.
==================
Traveling Outside the U.S. While on Optional Practical Training
Reentry provisions of the regulations require students who have
graduated and are on authorized Optional Practical Training to present
the following documents to reenter the U.S.:
1. SEVIS I-20 Student Copy, signed on the back by the Foreign Student
Advisor within the last six months
2. The Employment Authorization Document (EAD). Note that the EAD card
says “Not Valid for Travel” on the face of the card. This means that
you cannot use the EAD alone to reenter the U.S., but that you need to
also have the signed I-20
3. A valid passport
4. A valid F-1 visa stamp (e.g. unless traveling to contiguous
territory for less than 30 days—see travel handout).
5. A job offer letter. F regulations allow for travel and reentry in
order to “resume employment.” While a job offer letter is not required
to obtain OPT, it is recommended that students who travel have a job
offer letter with them when they are entering the US. Those who do not
carry all of these documents may not be allowed to reenter the U.S.
==================
以下是咨询公司律师后的一些补充,如果你正在办H1-B的话还是要小心status的问题的
Hi Chen,
What you read is true. However, if you have a petition for change of status
(to H-1B) pending and depart the U.S. The application for change of status
is automatically denied. Your petition can be approved, but you would need
to leave the country and obtain an H-1B visa outside the U.S. and return to
the U.S. on that visa before starting to work in H-1B status.
If the change of status is already approved, you may leave and reenter on
your F-1 and your change of status will take effect at its start date.
Hope this helps
What you read is true. However, if you have a petition for change of status
(to H-1B) pending and depart the U.S. The application for change of status
is automatically denied. Your petition can be approved, but you would need
to leave the country and obtain an H-1B visa outside the U.S. and return to
the U.S. on that visa before starting to work in H-1B status.
If the change of status is already approved, you may leave and reenter on
your F-1 and your change of status will take effect at its start date.
Hope this helps
==================
总结一下:
1.如果你还没有开始办H1B,OPT期间回国再回来是没有问题的——再次感谢牛X的经寒用实际行动给予我们莫大的信心。。。
2.如果已经开始办H1B,没有approve之前最好别回去,因为有change of status的问题,但是一旦approved(不是生效期,比如我的H1B生效期是2012年1月15日,但是预计11月底就可以知道结果)就可以回国了。
3.
无责任猜测。。。如果你的H1B的生效期比较晚(能攒够年假)又或者你的生效期附近有假期(比圣诞节。。。),那你大可以在OPT时期回国,然后H1B生
效前再回国一次就好。第一次回国以后还是签F1的VISA出来,第二次H1B生效前回国就要等生效后签H1B的VISA出来了。(当然时间要算好,有点小
风险)
最后。。。祈祷圣诞节可以回家。。。另外祝所有OPT期间想回国的人可以如愿以偿~
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