OPT STEM Extension and Travel: What You Need to Know

The process of applying for an OPT STEM extension is an important step in your academic and professional journey, especially if you wish to stay in the United States for employment. However, travel during this period can be a complex and potentially risky decision. This article aims to provide comprehensive guidance on whether and how to travel while your RFE is in process.

Understanding the Risks

Traveling abroad while your OPT STEM extension application is pending is generally considered risky. Immigration policies and procedures can be stringent, and traveling without proper documentation or while your application is in review can result in significant complications.

Re-entry Issues

One of the most significant concerns is re-entry into the United States. Without proof of employment and valid travel documents, you may face difficulties upon your return. This can turn a seemingly simple trip into a bureaucratic nightmare.

Waiting for Approval

It is recommended to wait for the OPT STEM approval notice before making any travel plans. This gives you the assurance that your application has been processed and approved, reducing the risk of complications upon re-entry.

Travel Endorsement

Before embarking on any travel, ensure that your I-20 is signed for travel within the last 6 months. This will be crucial proof of your active student status and compliance with immigration requirements.

Necessary Documents

Carrying essential documents can prevent complications and ensure a smoother re-entry process. These documents include:

Your valid F-1 visa I-20 form with a travel endorsement Employment letter from your employer Receipt notice of payment for your OPT

Consultation with Employer and DSO

Before making any travel plans, consult with your designated study adviser (DSO) and your current employer. They can provide valuable guidance and ensure that all your bases are covered in terms of compliance with immigration policies.

Change of Status (COS) and RFE

If you have filed for a change of status (COS) and then travel, the application may be considered abandoned, requiring you to re-file. This can be a substantial time and financial burden. It is crucial to stay in the United States while any pending applications are processed.

Current H-1B Situation: If your H-1B petition has an RFE, this does not directly affect your travel plans. However, if you travel during the pending COS period, it will be considered abandoned.

In the case of an H-1B petition, if it is approved with an RFE, you will need to leave the country to apply for an H-1B visa abroad. Upon receiving the visa, you can re-enter the U.S. Using the H-1B visa. Alternatively, your employer can file a second H-1B petition to change your status back to H-1B.

Valid F-1 Visa Stamp

If you do not have a valid F-1 visa stamp, you will need to obtain one abroad. This can disrupt your travel plans and cause delays in your return to the U.S. to resume your OPT status.

Expert Consultation

The climate for travel is not favorable given your current situation. It is highly recommended to stay in the U.S. while any pending applications are being processed. If you still wish to travel, consult with an immigration expert to ensure you have no loose ends and are fully prepared for any potential complications.

Conclusion

Traveling while your OPT STEM extension is pending can be risky and complicated. To avoid potential re-entry issues and ensure compliance with immigration policies, it is best to stay in the U.S. while waiting for your application to be processed. If you must travel, ensure that you have all necessary documents and consult with experts to minimize the risks.