Travel during OPT and returning after 90 days of unemployment

[nivascit]

Hi all,

 

      I am currently under F1 OPT visa status. My OPT start date was on January 10th, 2014 and the 90 days unemployment limit during OPT ends on April 10th. I have now traveled to India and I have got a job offer in the US. The starting date for the job is on April 21st. 

 

     My question is, Would I be able to go to the US around april 17-18th for my new job without facing any problem at the port of entry? I have all the necessary documents such as passport, valid visa, EAD card and job offer. But the fact that my 90 days unemployment limit would have been exceeded by the time I try to re-enter the country makes me uneasy. 

 

    I would really appreciate it if anyone could clear my doubts. Thanks in advance.

[jairichi]

Hi all,

 

      I am currently under F1 OPT visa status. My OPT start date was on January 10th, 2014 and the 90 days unemployment limit during OPT ends on April 10th. I have now traveled to India and I have got a job offer in the US. The starting date for the job is on April 21st. 

 

     My question is, Would I be able to go to the US around april 17-18th for my new job without facing any problem at the port of entry? I have all the necessary documents such as passport, valid visa, EAD card and job offer. But the fact that my 90 days unemployment limit would have been exceeded by the time I try to re-enter the country makes me uneasy. 

 

    I would really appreciate it if anyone could clear my doubts. Thanks in advance.

You cannot join the employer after 90 days of unemployment on OPT as your OPT ceases to exist by that time. There is a high possibility that you would face deportation if you try to enter.

[t75]

Your OPT is gone. What makes you think you do not have to comply with the rules? Do not attempt entry.

[nivascit]

I appreciate your replies. I am not under any impression that I don't have to comply with the rules. I left the States two weeks before my 90 days unemployment limit ended. I would just like to ask if that would keep my OPT valid or it wouldn't matter, as the unemployment days would be counted even if I am out of the country?

 

  I already asked this question at my university's international student office before departing US and I didn't get a concrete "yes or no" reply. They did not guarantee anything and they said that I could travel on my own risk.

 

 So my question is, "Would my OPT visa be valid since I have departed the United States a couple of weeks before my 90 days unemployment limit?" I would appreciate any reply for this question even if it is a big "NO", as it would put my doubt to bed and I could avoid travelling next week. Thanks.

[jairichi]

I appreciate your replies. I am not under any impression that I don't have to comply with the rules. I left the States two weeks before my 90 days unemployment limit ended. I would just like to ask if that would keep my OPT valid or it wouldn't matter, as the unemployment days would be counted even if I am out of the country?

 

  I already asked this question at my university's international student office before departing US and I didn't get a concrete "yes or no" reply. They did not guarantee anything and they said that I could travel on my own risk.

 

 So my question is, "Would my OPT visa be valid since I have departed the United States a couple of weeks before my 90 days unemployment limit?" I would appreciate any reply for this question even if it is a big "NO", as it would put my doubt to bed and I could avoid travelling next week. Thanks.

Unemployment days would be counted even if you are out of country.

[JoeF]

Time out of the country counts as being unemployed.

Your OPT is over.