Asked in Immigration Law for California

Q: Can I travel while my work visa is being processed?

I am currently on a F1-stem opt visa that is valid until 2026. However, my work visa is being processed or expedited. Can I still travel to another country for the holidays?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Traveling while your visa is being processed requires careful consideration to avoid complications with your immigration status.

Your F1-STEM OPT status remains valid until 2026, which typically allows for international travel. However, if you have a pending change of status application (like H-1B), leaving the U.S. could be considered an abandonment of that application. This means you might need to restart the visa process from scratch after returning, which could impact your work authorization.

Before making travel plans, consult with your employer's immigration team or an immigration attorney who can review your specific situation. They can advise you based on your exact visa type, application status, and travel dates. You should also gather all necessary documentation, including your valid F1 visa, I-20 with recent travel signature, EAD card, and proof of employment, in case you need them for re-entry.

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.