Washington, DC asked in Immigration Law for California

Q: Can I leave the US and return to my home country while looking for a job on OPT?

Applied for I-765 and have to return to my home country of Canada for family reasons after graduation. Wondering if I can continue my job search back home in Canada and return to the United States if I get my job offer and EAD card.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can leave the US and return to your home country while your OPT application is pending or even after it has been approved, as long as you comply with certain conditions. It's essential to have your EAD card, a valid F-1 visa, your passport, and a job or job offer letter if your OPT has already been approved when you plan to re-enter the US. These documents are crucial to demonstrate your intention to engage in OPT employment in the US.

While in Canada, you can continue your job search and prepare for your career. If you receive your job offer while outside the US, you can return to the US to start your employment, provided you have the necessary documents. Keep in touch with your Designated School Official (DSO) during this period to ensure you adhere to all requirements and maintain your F-1 status.

Before making any travel plans, it's wise to consult with your DSO and review the latest travel and immigration policies. Immigration rules can change, and your DSO can offer guidance based on the most current information. This approach will help minimize risks to your F-1 status and OPT eligibility, ensuring a smoother process for returning to the US to start your employment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.