Returning to the US with a Visa After Leaving the Country for an Extended Period of Time

Posted here is an interesting situation with numerous questions regarding returning to the US with a visa after being away for an exteneded period of time.

The situation from the client's point of view:

My brother is on OPT now and which is valid till Jan 2012 and he left to India on April 29th 2011 due to medical emergency. When he left US ,he was working for an Employer and as he was not able to return in the given time and his job got terminated on May 27 th 2011. He would like to come back now.He is been out of country for 140 days now.

The questions Asked Included:
1) Can he comeback now with diffrent employer offer letter?
2)As he have been out of US for 140 days till date, would he able to enter US with current F-1 Visa ,which expires on July 2013.
3) Is this true that if a peson is out of country for 150 days ,he may not enter with his previous VISA.
4) Is it ok to enter with offer letter in hand anytime before January 2011?
5) Please suggest what is the best way for him to come back?

The Answer: The F-1 visa is tied to a particular I-20 form which was signed by a particular school. Similarly, the OPT that he received is also tied to that I-20 signed by a particular school. If he has left the United States for that length of time and has been outside the U.S., he is not going to be allowed to reenter on the same I-20, visa and OPT. He will need to file for a new work authorizing visa and reenter with the new visa. The best thing he can do is contact immigration specialists who may be able to help him understand and work through the immigration process.

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