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I Recently graduated so my student visa is expired.I have a valid OPT but no job yet.Can I go home for the holidays(Bahamas) with just my OPT (EAD) and my valid passport? Will I be allowed to re-enter the US without a job letter from an employer? Please help.

2007-12-12 11:43:52 · 3 answers · asked by Prodigy 2 in Politics & Government Immigration

3 answers

EAD is not a visa and to reenter US you need valid visa stamped. Sorry, you cannot go home on expired visa.

2007-12-12 12:33:21 · answer #1 · answered by pianojangee 7 · 0 3

Have fun at Junkanoo! Don't forget your EAD card when you go home.

As you may know, a citizen of the Bahamas who goes through inspection in Freeport or Nassau is exempt the nonimmigrant visa requirement. So, it does not matter that your F-1 visa is expired.

Even if you were not a Bahamian, you could take advantage of the provisions of automatic revalidation of an expired nonimmigrant visa. F-1 students can benefit from automatic revalidation.

An F-1 student can return to the U.S. with an expired visa if:

The absence does not exceed 30 days in contiguous territory or adjacent islands other than Cuba;

is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay;

presents a valid passport;

has maintained status and intends to resume;

does not require authorization for admission under INA 212(d)(3); and

Has not applied for a new visa while abroad.

Temporary absence from the United States of F-1 student granted employment authorization:

(ii) An F-1 student who has an unexpired EAD issued for post-completion practical training and who is otherwise admissible may return to the United States to resume employment after a period of temporary absence. The EAD must be used in combination with an I-20 ID endorsed for reentry by the DSO within the last six months.

2007-12-13 11:33:50 · answer #2 · answered by Fred S 7 · 0 0

The EAD doesn't show eligibility to reenter. You need the F-1 visa in the passport along with the DS-20 SEVIS form from the school showing OPT. You will probably have an easier time if you have gotten a job first.

In order to reenter, you need a valid visa in your passport. If your visa has expired, you will have to get a new visa from the consulate. You may have difficulty doing that as the consul may feel you have immigrant intent. Note: Unlike the I-94 admission, the visa is not directly tied to your current enrollment; the F-1 visa has an expiration date on the visa itself.

2007-12-13 07:05:12 · answer #3 · answered by Eddie S 3 · 0 1

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