QUESTION
Is being away for 2 months before EAD expiration risky? When is the best time to apply for extension?
Asked on Feb 12th, 2013 on Immigration - Mississippi
More details to this question:
I am currently on my Optional Practical Training, my Employment Authorization Document card expires in May and my student visa has expired. Because of family reasons, I have to go back to Poland for a few days. I am employed and I can use my days off to travel. I have graduated from actuarial science and I would like to apply for Optional Practical Training extension soon. Can you please advise if going home 2 months before my Employment Authorization Document card expires is risky? When is the best time to apply for the extension?
3 ANSWERS
On what basis would be applying for the OPT extension.
Answered on Feb 25th, 2013 at 2:07 AM
Thomas J. Rosser
If your student visa has expired and your current I-94 reflects "D/S" - Duration of Status you will be unable to return to the US without a new non-immigrant visa issuance from a US Consular Section abroad despite the fact that your EAD may still have a current validity date and you are on OPT. You should consult with an experienced immigration attorney to review your options before considering travel abroad, as you contemplate below, as well as discuss your situation with the DSO (Designated School Official) who has been handling your I-20 and OPT notifications through SEVIS.
Answered on Feb 13th, 2013 at 5:06 PM
Rebecca T White
You may file to extend your EAD card unconnected to your travels. 2 months prior to expiration is a good time to file, so you likely do want to file now.
Answered on Feb 13th, 2013 at 5:06 PM