Travelling on OPT STEM Extension

[tanmayee]

Hi,

My STEM OPT has started on June 1st, 2013 and I will be travelling to India in mid July and will be back in August end. I will be on unpaid vacation for 2 weeks in this period. I am employed for the rest of the leave period. The question I had is, will those days of unpaid leave be counted against the days of my unemployment that we have during OPT (120 days)

Even if I am on unpaid leave, I am still employed under my company, but the payroll would not be running. Also, I have my OPT Extension card with me. Please let me know.

[livliv]

Any time spent outside the US is considered unemployment.

[ge145]

I disagree with livliv

[ashakell]

yes, ge145 it sounds bitter but livliv is true.

[ge145]

yes, ge145 it sounds bitter but livliv is true.

Just purely talking about payroll , if ppl take unpaid vacation for even 5 days to canada, they are out of status ?

First, they were not in US - so what visa status are you concerned about ?

Second, they are on unpaid leave. if u believe im wrong, I am sure there are thousands of ppl who take unpaid leave and still come back in

[livliv]

Just purely talking about payroll , if ppl take unpaid vacation for even 5 days to canada, they are out of status ?

First, they were not in US - so what visa status are you concerned about ?

Second, they are on unpaid leave. if u believe im wrong, I am sure there are thousands of ppl who take unpaid leave and still come back in

There is no status outside of the US, so there is no question of being out of status. So in case of H1B or L1 where you need to maintain status by being employed all the time, it makes no difference if you are not present in the US. In case of OPT, you can be unemployed without being out of status. There is a 90 and 120 day limit on unemployment while on OPT and any time spent outside the US counts as unemployment according DHS. Read SEVIS student FAQ on ICE website for more information.

[ge145]

There is no status outside of the US, so there is no question of being out of status. So in case of H1B or L1 where you need to maintain status by being employed all the time, it makes no difference if you are not present in the US. In case of OPT, you can be unemployed without being out of status. There is a 90 and 120 day limit on unemployment while on OPT and any time spent outside the US counts as unemployment according DHS. Read SEVIS student FAQ on ICE website for more information.

I followed your advice.

Found the following on ICE website:--

2.N. Can I reenter if my request for OPT is pending?

Yes, you may reenter to search for employment.

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.

[livliv]

That doesn't have anything to do with how to count the unemployment period.

[livliv]

Just noticed that ICE has revised their guidance in this matter.

Time spent outside the United States during an approved period of post-completion OPT counts as unemployment against the 90/120-day limits, unless the student is either:

• Employed during a period of leave authorized by an employer; or
  
• Traveling as part of his or her employment.
  

So one should obtain evidence that the leave was authorized by the employer. A letter from the supervisor will do.

[ashakell]

Just purely talking about payroll , if ppl take unpaid vacation for even 5 days to canada, they are out of status ?

First, they were not in US - so what visa status are you concerned about ?

Second, they are on unpaid leave. if u believe im wrong, I am sure there are thousands of ppl who take unpaid leave and still come back in

I think you didnt get the point you need to through what livliv was saying...