F1 OPT - Traveling with/without EAD

[Pickle 65]

Hi everyone,

Like always I am probably just being paranoid, but I would like to hear stories from people who traveled to their countries after degree completion, and then travel back with/without EAD card, with/without offer letter from employer. I mean, if you either had the one or the other (if you had both I'm sure you did not have a problem re-entering). I have read many things of "if" and "maybe," but I would really like to hear from those that have experienced it if it is truly that bad traveling without EAD when you are on OPT.

I'm waiting for my OPT approval now, graduate in December, going home, coming back in January. Looking at the processing times, I am almost certain I would not have my EAD in hand before I leave.

Anyone have a story that will ease my mind? Or make me stress more?

[Leo7777 243]

What about the expiration date on your F-1 visa? That will be a determining factor as to whether you can re-enter the USA.

Isn't the F-1 visa usually expired about the time the degree is received?

[Pickle 65]

Thanks for your reply Leo7777. No, my visa expires the end of next year. My I-20 was valid until May 2014, so I guess they add extra time from what is stated on your I-20 when issuing your visa. The only concern I have is the EAD. I know it is a concern of anyone leaving the country with OPT approval pending, which is why I wanted to hear how it turned out for those who were in my situation I know this forum is more geared towards people getting married, etc, but I was hoping someone that was in my situation would read this.

[KaeR 1]

I was ALMOST in your situation. Before I get there, EAD is not an entry document. They ask upon entry about EAD but they look on I-20 first. I believe your I-20 has an annotation regarding your OPT.

Now, I graduated in Aug 2012, applied for OPT somewhere in May, defended in July but I had to travel between Jul and Aug, had a promised job starting in Sept. The card came when I was abroad. Before I left, I had consulted my situation with a DSO. They wrote me a letter and I took the receipt. Well, CBP didn't look at them. I entered as usual but... traveling is not advised while the OPT application is pending and you would be coming back after the graduation semester is over. Traveling is also not advised without having an employer. However... I have never been asked for any document confirming my employment but I always carry my offer letter, recent pay stubs and a letter from my supervisor.

What would I do if I were you? I wouldn't travel. Reason: no employer.

Edited November 21, 2013 by KaeR

[JayJayH 546]

If the I-20 is (recently) endorsed, and your F-1 still valid for entry, you should be fine. The EAD card is not a re-entry document. I am curious however, as to how you could have an endorsed I-20, after graduating, but no EAD card?

The only event I could see that happening is immediately after graduation, after an OPT application, but before actually receiving the physical EAD card. That could be questionable, and if you plan to leave, I suggest also bringing evidence showing that you have applied for OPT, and when you applied for OPT.

[Pickle 65]

I was ALMOST in your situation. Before I get there, EAD is not an entry document. They ask upon entry about EAD but they look on I-20 first. I believe your I-20 has an annotation regarding your OPT.

Now, I graduated in Aug 2012, applied for OPT somewhere in May, defended in July but I had to travel between Jul and Aug, had a promised job starting in Sept. The card came when I was abroad. Before I left, I had consulted my situation with a DSO. They wrote me a letter and I took the receipt. Well, CBP didn't look at them. I entered as usual but... traveling is not advised while the OPT application is pending and you would be coming back after the graduation semester is over. Traveling is also not advised without having an employer. However... I have never been asked for any document confirming my employment but I always carry my offer letter, recent pay stubs and a letter from my supervisor.

What would I do if I were you? I wouldn't travel. Reason: no employer.

Thanks for the reply, KeaR. I agree with your advice and would have preferred not to travel, but I do not have much of a choice. I have received some interest from employers so far, which is good, but they are all waiting for me to provide them with proof of work authorization before we can move forward. I hope I can have a letter when I come back, I am actually more worried about that letter now than the EAD!

If the I-20 is (recently) endorsed, and your F-1 still valid for entry, you should be fine. The EAD card is not a re-entry document. I am curious however, as to how you could have an endorsed I-20, after graduating, but no EAD card?

The only event I could see that happening is immediately after graduation, after an OPT application, but before actually receiving the physical EAD card. That could be questionable, and if you plan to leave, I suggest also bringing evidence showing that you have applied for OPT, and when you applied for OPT.

Yang-Ja, I received a new I-20 when I applied for OPT stating "OPT request" on it. I have not yet graduated, I am graduating in December. I have sent my application to TSC, and according to the time line it is going to take 3 months to process my application. That means that they should approve it by January 4 (hopefully!!), so I then I will still be good to enter the country (I come back to the US January 14). Which brings me to this question: would a photocopy of my EAD suffice if I am asked to present it? What I mean by that is instead of sending it express mail to me while I am in SA, my boyfriend could scan and email a copy of the card to me, so I have at least prove that I have been approved? Mmmm...

[KaeR 1]

Thanks for the reply, KeaR. I agree with your advice and would have preferred not to travel, but I do not have much of a choice. I have received some interest from employers so far, which is good, but they are all waiting for me to provide them with proof of work authorization before we can move forward. I hope I can have a letter when I come back, I am actually more worried about that letter now than the EAD!

Well, the more the better but based on my experience they will not make any move without the EAD. No matter how interested they are.

Yang-Ja, I received a new I-20 when I applied for OPT stating "OPT request" on it. I have not yet graduated, I am graduating in December. I have sent my application to TSC, and according to the time line it is going to take 3 months to process my application. That means that they should approve it by January 4 (hopefully!!), so I then I will still be good to enter the country (I come back to the US January 14). Which brings me to this question: would a photocopy of my EAD suffice if I am asked to present it? What I mean by that is instead of sending it express mail to me while I am in SA, my boyfriend could scan and email a copy of the card to me, so I have at least prove that I have been approved? Mmmm...

If I were you, I would ask someone to send it. Pronto. If there is a company waiting for it, send them a copy so they can send you an offer letter. I'm not an expert but AFAIK without an employer you are not eligible to enter the US... with or without the EAD. However... I don't know what CBP have in their computers but I have never been asked for a proof of employment. Not recently at least.

Edited November 22, 2013 by KaeR

[Pickle 65]

Well, the more the better but based on my experience they will not make any move without the EAD. No matter how interested they are.

If I were you, I would ask someone to send it. Pronto. If there is a company waiting for it, send them a copy so they can send you an offer letter. I'm not an expert but AFAIK without an employer you are not eligible to enter the US... with or without the EAD. However... I don't know what CBP have in their computers but I have never been asked for a proof of employment. Not recently at least.

Agreed and agreed. I have read about people who got offer letters, and even had start dates for employment and then stressing about not having the EAD yet. Now that I am in this process myself, I have no idea how they got job offers without that card. I guess it depends on the employer, but I have no clue.

I am always super prepared with any type of document I might get asked for, which is why this is stressing me out. I have a feeling I might have to extend the date for my flight back, but we'll see...

Thank you for your responses! It was very helpful!

[JayJayH 546]

Yang-Ja, I received a new I-20 when I applied for OPT stating "OPT request" on it. I have not yet graduated, I am graduating in December. I have sent my application to TSC, and according to the time line it is going to take 3 months to process my application. That means that they should approve it by January 4 (hopefully!!), so I then I will still be good to enter the country (I come back to the US January 14). Which brings me to this question: would a photocopy of my EAD suffice if I am asked to present it? What I mean by that is instead of sending it express mail to me while I am in SA, my boyfriend could scan and email a copy of the card to me, so I have at least prove that I have been approved? Mmmm...

The EAD card itself is not a document for re-entry, but I would pay $89 for FedEx or UPS to ship it to my door before attempting to show CBP a photocopy. Immigration is one of those areas where you are always better safe than sorry. You might not be asked to show it all, and the shipping fee was a waste - I paid $129 for my car insurance last month, but I didn't get in any accident.

[Pickle 65]

The EAD card itself is not a document for re-entry, but I would pay $89 for FedEx or UPS to ship it to my door before attempting to show CBP a photocopy. Immigration is one of those areas where you are always better safe than sorry. You might not be asked to show it all, and the shipping fee was a waste - I paid $129 for my car insurance last month, but I didn't get in any accident.

Absolutely. Express mail is quite expensive to SA, but I would pay it happily. I appreciate your input!