QUESTION
Will I be able to come back to the US on my valid OPT Status, even though I got my new O-1B status approved before I travelled outside the US?
Asked on Apr 12th, 2025 on Immigration - New York
More details to this question:
I am currently on my OPT, and in the process of applying for an O-1B visa. I am planning on travelling outside of the US in June 10th, and aim to have my O1-B approved prior to travelling. My OPT expires July 15th. Would I have any issues coming back to the US on June 30th, with my previous OPT status, even though my new O-1B is approved? Or do I need the new visa status on my passport, as my status technically changed, even though my OPT is still not expired?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 03rd, 2025 at 11:19 AM