OPT, no job yet, can I travel?

[steel_4d 3]

Ok, it's not really about me, but my wife

She's graduated, got OPT approved, EAD in hand, but no job offer yet. She has until February to find a job. She has a couple of no-pay internship opportunities at the moment.

But we'd like to go visit my family in Canada for the holidays. Will she have issues on reentry?

Applying for a green card is a bit of a ways off, so we need to keep her F1 in play.

Thanks!

[Darnell 8,479]

so whose 'AOS PENDING' is on your profile ?

Edited December 18, 2012 by Darnell

[steel_4d 3]

Mine. Let's concentrate on the question at hand... :-P

[Darnell 8,479]

so, you know when YOU leave the USA, yer abandoning YER adjustment of status case.

Right?

Yes?

You know this, right ?

[Dave&Roza 748]

Ok, it's not really about me, but my wife

She's graduated, got OPT approved, EAD in hand, but no job offer yet. She has until February to find a job. She has a couple of no-pay internship opportunities at the moment.

But we'd like to go visit my family in Canada for the holidays. Will she have issues on reentry?

Applying for a green card is a bit of a ways off, so we need to keep her F1 in play.

Thanks!

So do YOU have your AP yet? If not, then I would not worry about her being able to re-enter the US, but that you cannot. Since she has a valid visa she can leave and re-enter the US, but you you on the other hand may not be able to. Sorry to add something to the original question.

Good luck,

Dave

Edited December 18, 2012 by Dave&Roza

[steel_4d 3]

Guys... Guys... What do I look like?? Some kind of amateur? I only left the country one time without an AP

Yes, I have my AP, let's get back on topic.

I'm asking because the admin at school told her they might ask about her employment status at the border. Does an unpaid internship count for OPT? Does it even matter while she's within the grace period for finding a job? Does the law say anything about this?

Edited December 18, 2012 by steel_4d

[Darnell 8,479]

The DSO said that? Really ?

[steel_4d 3]

Really.

[steel_4d 3]

This website says the same: http://www.ice.gov/sevis/travel/faq_f2.htm

"2.O. Can I reenter if I left while on OPT?

If your OPT has been approved and you depart before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.

If you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job."

This sounds strange: "your OPT ends and you cannot reenter unless you have a written job offer". This implies that if you have a written job offer, even after "your OPT ends", you may reenter.

Also this:

http://www.oip.lsu.edu/iso/pdfs/Can%20I%20travel%20outside%20the%20US%20while%20on%20OPT.pdf

According to this website "true" internships qualify as OPT:

http://international.uiowa.edu/international-students/optional-practical-training-opt-12-month-application

I guess those are the words from the horse's mouth, but I'm interested if anyone can add personal experiences.

Thanks a lot.

[akihon 129]

I was on OPT. I wouldn't risk leaving the country without a job offer.

[steel_4d 3]

For the record, we traveled to Canada for xmas and everything went without a hitch. My wife carried an offer letter with her. The border agent didn't even realize that the I-20 was for OPT rather than school, so didn't even ask anything about employment. But she was safe anyway with the offer letter.

Good luck!

[CaizLurol 36]

For the record, we traveled to Canada for xmas and everything went without a hitch. My wife carried an offer letter with her. The border agent didn't even realize that the I-20 was for OPT rather than school, so didn't even ask anything about employment. But she was safe anyway with the offer letter.

Good luck!

Oh that's good to know!

I was going to suggest that questions like these can always be directed to an attorney online (at lawyers.com) or by calling an attorney's office and they will answer your question free of charge. Laws change all the time and many people on these forums are not qualified to give an answer and a lot of misinformation goes around - as you can attest to! You and your wife came and went without a problem.