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[Help!!] Travel with an expired EAD card under new STEM OPT 24-month extension rule

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  • [Help!!] Travel with an expired EAD card under new STEM OPT 24-month extension rule

    Hi Everyone,

    S.O.S! I need to do a business trip on 17 Feb 2017 (my employer will sponsor my trip). I have a pending STEM OPT extension on USCIS (case was received on 16 Dec 2016). My current EAD card expires on 20 Feb 2017 and I am scheduled to be back after 20 Feb 2017 for sure - so technically as far as I am concerned, I will not be allowed to re-enter US upon back. I see the following statement when searching 'OPT extension processing time' in Google (https://www.google.com/search?q=OPT+...f-8&oe=utf-8):

    [I]According to the new 24-month extension rule, while your STEM OPT application is pending, your employment authorization is automatically extended for 180 days and your original EAD is considered unexpired when combined with the I-20 recommending the extension.[/I]

    Does anyone know whether this means I might still be able to re-enter US within 180 days after 20 Feb 2017? Does anyone possibly ever try this before?

    It is an important business trip for me so hopefully someone with similar real experience could help me...thanks...really appreciate...

  • #2
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    • #3
      Originally posted by shuichongdaidai View Post
      Hi Everyone,

      S.O.S! I need to do a business trip on 17 Feb 2017 (my employer will sponsor my trip). I have a pending STEM OPT extension on USCIS (case was received on 16 Dec 2016). My current EAD card expires on 20 Feb 2017 and I am scheduled to be back after 20 Feb 2017 for sure - so technically as far as I am concerned, I will not be allowed to re-enter US upon back. I see the following statement when searching 'OPT extension processing time' in Google (https://www.google.com/search?q=OPT+...f-8&oe=utf-8):

      [I]According to the new 24-month extension rule, while your STEM OPT application is pending, your employment authorization is automatically extended for 180 days and your original EAD is considered unexpired when combined with the I-20 recommending the extension.[/I]

      Does anyone know whether this means I might still be able to re-enter US within 180 days after 20 Feb 2017? Does anyone possibly ever try this before?

      It is an important business trip for me so hopefully someone with similar real experience could help me...thanks...really appreciate...
      You are allowed to work for 180 days after you EAD expires if your STEM OPT Is pending. That is separate from being able to travel.
      You should not be traveling after your EAD is expired. You will not be permitted to enter the country and your STEM OPT application will be considered abandoned.

      Comment


      • #4
        Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...25247934159236 9th Feb - Please review comments from other users

        Comment


        • #5
          Not recommended to travel with an expired EAD card.If your EAD is expired,you can work upto 180 days while your application is pending.

          Comment


          • #6
            Do not travel. Not recommended

            Comment


            • #7
              You cannot enter with expired EAD even if extension is still peding..

              Comment


              • #8
                Yes, the rule allows you to work and its sort of a Grey area for cbp.. You're good until you can show that you are traveling for work reasons, if asked.. If I were you, to be on a safe side, I'd avoid the fishing net poe like Chicago..

                Comment


                • #9
                  Risky move ,don't travel ,you will face issues ,many people with even all proper documents are facing troubles, with expired document its 100% risky

                  Comment


                  • #10
                    Dont even plan to travel with pending stem opt in present scenario

                    Comment


                    • #11
                      As everyone said it's not advisable to travel on pending opt and if u do like to try your luck select a POE with less risky levels

                      Comment


                      • #12
                        1. This happened with me. I had to stay out of US until my case was approved, then got the EAD card delivered to wherever I was and then enter US.
                        2. Even if you manage to enter (almost nil chances), new I-94 will be generated and your application will be in trouble.
                        3. If you are not allowed in at POE, the outcomes can be very dangerous. For eg: denied entry and banned for 5 years, Visa revoked for trying to enter with expired docs, etc.

                        Comment


                        • #13
                          As everyone said, not recommended to travel. However, if you absolutely have to make the trip, make sure you carry your opt extension application receipt notice, valid i20, offer letter. Again, this could be risky.

                          Comment


                          • #14
                            If you really have to travel make sure to carry the receipt of your opt stem extension application along with your Opt and ead card.

                            Comment

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