I am a F1 student from Germany. I have applied for OPT and it is expected that the OPT is approved in June. My University program will end in mid may and I am planing to be back in Germany mid may to early June. Now when I want to enter back in the US in early June I expect that my OPT is still in process. Should I enter with my esta(I do have a current active esta) or should I enter with F1 eventhough my program has ended?
You need more than an approved OPT. You need an Employment Authorization Document or EAD to travel and re-enter once your studies in F-1 visa status are complete. If you travel on your ESTA, it appears as if you are abandoning your OPT status with valid EAD.
If you return on ESTA you are no longer in F status and OPT should not be available to you. Applications pending when departing the US should be considered abandoned by USCIS and subsequently denied.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline