applying for Visa after applying OPT

[amadetpa]

Hello all

I am considering renewing or applying for a new F-1. I am also thinking of applying for OPT, as my future employer has asked me to please do so. From what I have been told, renewing the F-1, while applying for PRE-OPT is no problem. I do have a letter of offer from my future employer, stating that they want me to get OPT/EAD before I can start work there.
Can anyone help me out? Can i leave the country, reapply for an F-1 (I am currently an F-1 student) and then come back with the OPT application documents? thanks

KM

[amadetpa]

Hello all

I am considering renewing or applying for a new F-1. I am also thinking of applying for OPT, as my future employer has asked me to please do so. From what I have been told, renewing the F-1, while applying for PRE-OPT is no problem. I do have a letter of offer from my future employer, stating that they want me to get OPT/EAD before I can start work there.
Can anyone help me out? Can i leave the country, reapply for an F-1 (I am currently an F-1 student) and then come back with the OPT application documents? thanks

KM

[Sugarpuff]

It sounds as if you are approaching this correctly. Technically you should not travel after filing the OPT application and before it is approved as it MAY be considered an abandonded application. In reality though such an application will be adjudicated nonetheless.

However if you apply for a visa after you have an approved OPT you run the risk of a consular officer denying the visa extension because technically you have completed the program of study as verified by the OPT, thus an F-1 visa may be deemed as not appropriate. Again, this is unlikely but who knows? I mean if you get a CO who is a stickler they may tell you that if you want to work and not go to school you should get an H visa.

I think you should apply for the F-1 extension while you are still in school and before you make an application for OPT. Under these circumstances no mention needs to be made of you up coming OPT related employment, UNLESS the CO asks you about it. In which case you should, as always, be as honest and straightforward as possible.