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ICE网站说的:
2.M. Can I reenter if my request for OPT is pending?
Yes, but traveling during this time should be undertaken with caution. USCIS may send you a request for evidence while you are away, however, so you would want to make sure you have provided a correct U.S. address both to your DSO and on the application and would be able to send in requested documents. Also, if USCIS approves your OPT application, you will be expected to have your EAD in hand to re-enter the United States. Like a request for further information, USCIS can only send the EAD to your U.S. address.
我们学校DSO说的
Travel abroad while application is pending, PRIOR to graduation.
You may travel abroad and reenter while your OPT application is pending without your departure canceling your OPT application. To reenter, you need a valid passport, valid F-1 visa stamp, and a valid I-20 with a signature that is less than 1 year-old.
Travel abroad while application is pending, AFTER graduation.
The regulations do not have a provision dealing specifically with travel and reentry while an I-765 for post-completion OPT is pending. Advisors and the government traditionally look to 8 C.F.R. § 214.2(f)(13)(ii) which refers only to situations where an OPT EAD Employment Authorization Document (EAD) has already been issued as a point of reference. Advisors have explained to students that it is risky to attempt to reenter before receiving the EAD.
Recently, the Student Exchange Visitor Program (SEVP) of the Department of Homeland Security (DHS) and Department of State (DOS) have agreed that an F-1 student who has properly filed for OPT to begin after graduation may travel outside the United States while the OPT application is pending. A DOS cable was sent to consular officers instructing them that applicants for new F-1 visa stamps may present either an EAD or, if the OPT application is still pending, the original I-765 receipt notice (that you must obtain from DVS) as proof of eligibility for the visa. It also has been confirmed that U.S. Customs and Border Protection (CBP) inspectors at the ports of entry are aware of these new procedures and will review return documents accordingly.
所以理论上你如果签证有效,带上i765的receipt,有效签字的i20是可以回去的,但是有风险(最好有offer)。如果你还要去签证就别回去了。 |
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