Legal Question in Immigration Law in Arizona

Hi, I am currently a UK citizen in the US on OPT. My EAD card has arrived, however I have not yet found a job. I need to travel back to the UK next month and want to know what my rights are as regards to re-entering the US afterwards. (1) If I have a job offer by the time I travel, what documents (and where/how do I get them) do I need to secure my re-entry to the US. Is my re-entry guaranteed? (2) If I do not have a job offer by the time I travel, can I forfeit my OPT status and re-enter as a tourist? I will be gone in the UK for 14 days. Any advice/help is appreciated! Thanks


Asked on 3/23/10, 1:04 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Your reply involves some pretty specific information concerning F-1 OPT status. You need to land a job within a certain time frame. If you got the card, it depends on when the card was issued. Traveling at this juncture may or may not be a problem depending on the length of time since you were employment authorized.

It's possible your OPT is forfeited. If you need to re-enter as a tourist, it would have to be for the limited purpose of wrapping up your affairs. Ignoring the fact that you've been a student for some time with a life here could pose a problem if you state that you simply wish to be a tourist, with no specific plans.

For further information, feel free to contact [email protected] or call 818 609 1953. The above is general information. It is not legal advice and does not form an attorney/client relationship.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/28/10, 10:38 pm


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