Need Help about Travelling on OPT


nvarun01

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Hi 

 

my cousin is currently on OPT ( Not on STEM Extension), needs to go to India for her marriage. She graduated in May 2014 and currently joined a company as intern but with no salary/paychecks. She is preparing for her medical exams.

 

She is planning to go to India in Jan' 15 and will stay in India for 3 months, Is it safe for her to stay for such long on OPT?

Will she have any issues at Immigration check/ re- entering to US?

She has all the documents ( F1 visa is valid till 2017, OPT is valid till July 2015, OPT I20, travel documents from college, employer letter).

Only concern is - Is it safe to be outside US for 3months on OPT?

 

Please advice

 

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One cannot be unemployed for more than 90 days while being on OPT. If she stays for 90 days in India then she can no more enter US on OPT. Also, her 90 days of unemployment has already started from the day of OPT start date as she is not being paid. If she is not being paid from May 2014 she is no longer on OPT status and she needs to exit US asap.

 

http://www.murthy.com/2013/11/25/unpaid-internships-on-f-1-opt-considered-unemployment/

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