My OPT will be expired next year but I am going to receive my EAD/AP soon.
Can I remain on OPT after having received EAD/AP in order to get the benefits from being FICA tax exempt until the AOS is actually approved?
If I want to travel abroad and need to use EAD/AP to re-enter the U.S, is OPT still valid?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI suggest you check with an accountant.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThis is a pure tax question. If you are working based on your OPT, you should remain FICA and FUTA exempt, however, the filing of an adjustment shows immigrant intent and may impact your ability to continue in OPT status. Once the EAD card is issued, and once you start working on that card, you are advised to instruct the employer that you may have to start withholding and contributing.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce you travel out of the country and use AP to enter, you are no longer in F-1/OPT status.
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