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Posted on 08-28-10 5:49 PM     Reply [Subscribe]
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Hi,

Currently I am in OPT and urgently need to go to Nepal. I will be there for 2 months. I still have a valid Visa. Can I come back on OPT? I have a desi consultancy ready to write a letter for me.

Also how many days can I be unemployed in OPT?

If  I take a new I-20 for January, how many days ahead I can come to US?

Thank you for suggestion.

HS

 
Posted on 08-28-10 8:56 PM     [Snapshot: 153]     Reply [Subscribe]
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Be very careful. I know of a fellow who went to Nepal in a situation like yours. He had all the paperwork but the consulate in Nepal found a small technicallity and would not allow him to go back to the States. I'm not trying to scare you. Just make sure that there are no holes in your record that they can detain you on in Nepal. Best of Luck.
 
Posted on 08-28-10 9:13 PM     [Snapshot: 162]     Reply [Subscribe]
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I still have a valid Visa. Can I come back on OPT? I have a desi consultancy ready to write a letter for me.
-Yes, you can come back.
If you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
(Source: http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222043)

Also how many days can I be unemployed in OPT?
- 90 Days unemployment for regular 120 days for STEM
- If you travel outside while unemployed it will count against the 90/120 days
- if you travel  while employed during a period of leave authorized by the employer, the time spent outside the US will not count as period of unemployment 
(Source: Page 13 and 14 , http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_pdf.pdf)

If  I take a new I-20 for January, how many days ahead I can come to US?
-You cannot come more than 30 days before the start date of you program
(Source: http://www.ice.gov/sevis/factsheet/100104ent_stdnt_fs.htm)

Some suggestions:
1) Get a letter from your employer that clearly states your date of employment, job title and their intention to continue employing you after your return
2) Make sure the start date and name of the company on that letter matches the information your provided to your school (ie. the info matches what is in SEVIS) and you haven't had more than 90 days of unemployment
3) Make sure  your job title is an obvious one i.e there is no doubt that your job is directly related to your field of study
Last edited: 28-Aug-10 09:22 PM

 
Posted on 08-29-10 1:44 AM     [Snapshot: 309]     Reply [Subscribe]
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sab_nepaliko_sathi is absolutely right.


















 
Posted on 08-29-10 12:16 PM     [Snapshot: 522]     Reply [Subscribe]
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Thank you everyone for the suggestion.



 
Posted on 08-29-10 2:42 PM     [Snapshot: 638]     Reply [Subscribe]
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@Happysharma: Sab_nepaliko_sathi is absolutely right and spot on.


However, one of the employees of our company who was on contract through consultancy has been still stuck in india although letters were provided from the main company. She went there like 3 months ago but hasn't come yet. Don't know what happened?


But it may be different scenario too. It depends upon the mood of counselor you know. so if it's an emergency give it a shot and let me know coz i'm also planning to go to nepal and come back as i am also an contratual employee through consultancy.


Please share your experiences though either by mail or through sajha.


Good luck.


 
Posted on 08-29-10 2:43 PM     [Snapshot: 643]     Reply [Subscribe]
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Btw, i forgot to mention that she was on H1B not OPT so to get visa for OPT may be even harder if you don't have a permanent job  but give it a shot :)...
 
Posted on 08-30-10 6:08 PM     [Snapshot: 961]     Reply [Subscribe]
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I am currently on 17 months STEM OPT. I was
employed throughout my initial 12 months OPT. However, I recently got
laid off from my job. How many days of unemployment is allowed during 17
months STEM OPT?

According USCIS website 90 days of
unemployment  is allowed for initial OPT and additional 30 days is
allowed for 17 months OPT allowing total of 120 days throughout the OPT
period.

Does that mean I will need to find a job within 30 days? I would really appreciate if somebody could clarify me on this.

Thank you.

 


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