QUESTION

Will I be able to return to the US with my OPT Status (still not expired), even though I recently got an O-1B status approval?

Asked on Apr 14th, 2025 on Immigration - New York
More details to this question:
I am in the process of applying for my O-1B visa, and I'm aiming receive my approval for the first week of June. I do however, have travel plans for mid June. My current OPT expires on July 14th, so I would want my O-1B to start July 15th. In the case that I am approved BEFORE I travel outside of the US (June 1), am I able to return to the US, on June 30th, on my current OPT status? The reason I am asking is because I still would not have a physical version of my O-1 on my passport, upon returning.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. 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 Jun 06th, 2025 at 2:47 PM

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