June is here, which means we’ve made it halfway through 2024. For those of you just realizing you have not scheduled any time off, it’s not too late. To all of the recent graduates out there, congratulations! Whether you are embarking on a post-graduation backpacking adventure, long-awaited trip to visit family, or just need to use your PTO, below are important international travel considerations before you book tickets or submit that time-off request:
Travel During Initial Grant of Post-Completion Optional Practical Training (OPT)
If USCIS approved your request for an initial 12-month grant of post-completion OPT and has issued your employment authorization document (EAD), you may leave and reenter the United States to begin or resume OPT employment, provided that you have an OPT job or job offer and you do not have a pending or approved application to change status to another non-immigrant category (more on that below).
If you travel outside of the United States, you should carry the following items with you:
A valid passport;
A valid F-1 visa stamp (unless you are Canadian);
If your visa has expired, you will need to apply for a new F-1 visa stamp to reenter the United States as a student;
A Form I-20 that has been endorsed for travel and OPT by your designated school official (DSO);
A valid EAD; and
A letter from your OPT employer that verifies your employment.
Note that if you do not have a valid job or job offer at the time you apply for admission to the United States, you may not be readmitted upon your return and your OPT may be terminated, so international travel is not advisable.
If your initial OPT application is still pending, you may be able to return to the US in F-1 status, so long as you do so before your program completion date. If you plan to return after your program completion date, you will need both the approved EAD and proof of a job offer. Good news, USCIS will now accept premium processing requests for OPT EADs, so for an additional $1,685 you can guarantee a response on your EAD application within 30 business days.
Travel During a STEM OPT Extension Period
If USCIS approved your request for a 24-month STEM OPT extension and has issued your EAD, you may leave and reenter the United States to either begin or resume STEM OPT employment. You should carry all items identified above, including a valid passport, F-1 visa if required, a Form I-20 that has been endorsed for STEM OPT and for travel, and an employment letter from your STEM OPT employer. If you do not have a valid job or job offer at the time you apply for admission to the United States, you may not be readmitted upon your return and your STEM OPT may be terminated, so international travel is not advisable.
If your STEM OPT extension application is pending, you may still be able to travel outside of the United States. Your initial grant of OPT, your EAD and F-1 visa must all remain valid throughout your trip to be able to leave the country and return in valid F-1 status. If your F-1 visa has expired, but your EAD remains valid, you should contact an immigration attorney to discuss the risks involved in traveling and applying for a visa at a U.S. embassy. If your initial grant of OPT has expired and your timely-filed request for a STEM OPT extension remains pending, you should also be able to leave and reenter in valid F-1 status, provided that you carry the following items with you:
A valid passport;
A valid F-1 visa stamp that permits multiple entries (unless you are Canadian);
A Form I-20 that has been endorsed by your DSO for STEM OPT and travel;
Your expired EAD;
A copy of your request for a STEM OPT extension and the USCIS receipt notice for the application; and
A letter from your OPT employer that verifies your employment.
Traveling Abroad After Filing a Change of Status to H-1B
If you are an F-1 student who has applied for or is working on OPT or STEM OPT or who will be the beneficiary of an H-1B cap change of status petition starting on October 1, 2024, there are several requirements and risks to be aware of. F-1 students with filed and pending applications to change status to H-1B that are not yet approved will need to take additional steps, potentially delaying the ability to start work in H-1B status on October 1st. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status request will be considered abandoned. USCIS may still approve the H-1B petition itself, but your status will no longer automatically change from F-1 to H-1B. In order to activate your H-1B status, you will need to take one of the following actions:
Remain outside of the United States and apply for an H-1B visa at a U.S. embassy abroad.
Attempt to return to the United States in F-1 status, and then leave the United States at a later date and apply for an H-1B visa at a U.S. embassy abroad.
Attempt to return to the United States in F-1 status, after which your H-1B employer could submit a new petition requesting to change your status to H-1B.
Regardless of which approach you take, you may be subject to a wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on October 1st.
If you are an F-1 student awaiting a change of status to H-1B and your OPT expired after your change of status petition was filed, you are in the "cap gap" period of authorized stay. If your change of status to H-1B was filed before your OPT expired and the H-1B petition has been approved, you will receive a cap-gap extension of stay and work authorization through October 1, 2024. In this scenario, you may travel abroad and return to the United States in F-1 status, provided you have the following:
A valid passport;
A valid F-1 visa stamp (unless you are Canadian);
A Form I-20 Certificate that has been endorsed for travel by your DSO for a cap-gap extension of stay and work authorization;
Your expired EAD; and
A copy of your H-1B petition and approval notice.
If you travel abroad before your change of status to H-1B is approved, the change of status request will be considered abandoned and you will need to take extra steps to activate your H-1B status, as described above. For this reason, international travel is not advisable, though you may have the option to upgrade your pending H-1B petition to premium processing to secure approval before you depart.
If you are currently in a valid period of OPT or STEM OPT and have a valid EAD, international travel is possible with an approved change of status petition. You should be able to return to the United States in F-1 status, so long as you have the appropriate documents and are able to show immigration officers that you intend to continue to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1st as long as you have returned to the United States by then. You will need the following documents in order to reenter in F-1 status:
A valid passport;
A valid F-1 visa stamp (unless you are a Canadian);
A Form I-20 that is endorsed for travel and OPT or STEM OPT by your DSO;
A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a STEM field, you should carry evidence of your timely filed EAD extension; and
A letter from your employer that verifies your OPT or STEM OPT employment.
If you do not have a valid job offer, you may not be readmitted and your OPT may be terminated. You may not be able to return to the United States unless and until you obtain an H-1B visa.
Travel and Unemployment
In any scenario where you have a valid EAD, be aware that the number of days you spend outside of the United States may be counted against the limit on unemployment during the OPT and STEM OPT periods. Current F-1 rules require a student to have no more than 90 days of unemployment during their 12-month grant of post-completion OPT. For F-1 students with STEM OPT, the maximum period of unemployment is 150 days, which includes any days of unemployment accrued during the initial 12-month post-completion OPT period. This includes time spent in our outside the United States while unemployed, but does not include international travel that is part of your OPT employment or that occurs during leave authorized by your employer.
Once you hit your unemployment limit, you will no longer be maintaining your F-1 status and therefore will not be permitted to return to the U.S. in F-1 status. If you are approaching the end of your unemployment period, we'd recommend discussing your options with an immigration attorney.
Key Dates to Keep in Mind
For those of you selected in this year's H-1B registration, the deadline for your employer to file your H-1B petition with USCIS is June 30, 2024. If filing by mail, this means that H-1B petitions must be received by USCIS by June 30th. USCIS is also accepting online filings for H-1B cap petitions. Below is a round-up of important dates to be aware of:
June 30th: Last date USCIS will accept H-1B petitions for registrations selected this year.
September 21st: The earliest date you can re-enter the U.S. with an H-1B visa before your status changes to H-1B on October 1st.
October 1st: The earliest start date for approved Fiscal Year 2025 H-1B petitions. This is also the last date of cap-gap work authorization for F-1 students with pending and unadjudicated H-1B change of status petitions.
While the above travel scenarios are common, this is a non-exhaustive list of considerations and individual circumstances may vary. Therefore, this post is for informational purposes only and is not intended to be used as legal advice. If you have questions about international travel and how it impacts your immigration status or pending applications, please reach out to us at info@veridian-immigration.com.
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