I have an F-1 OPT EAD that is valid until June 2020. I also have an EB-5-based green card with work authorization valid until July 2020. I am between jobs right now. Can I join a new firm with the green card and ask the payroll department of the new company not to withhold the social security tax and Medicare tax since my OPT EAD is technically active until June 2020? I read the IRS exemptions information and did not see anything explaining overlapping EADs.
Answers
Ed Beshara
Immigration attorneysBased upon the facts you have presented, it is advisable to retain the services of an experienced international tax attorney. Please note if you have applied for conditional permanent residency and obtained an EAD card, then you will be using this EAD and not the EAD associated with the OPT.
Bernard P Wolfsdorf
Immigration attorneysThe EAD is not valid if you have a green card and should not have been issued. You are a permanent resident and must pay taxes.
Salvatore Picataggio
Immigration attorneysYour green card is now your authority to work. It has priority over the old EAD.
Marko Issever
EB-5 Broker DealersOnce you have a green card, that will take precedence. You can certainly change jobs, as your green card authorizes you to work anywhere. Your tax obligations, however, are identical to that of other permanent green card holders and U.S. citizens, for that matter. If you have a conditional green card, you will be eligible to extend it at expiration if you have filed for the removal of conditions until a decision is made on your petition.
Lynne Feldman
Immigration attorneysOur F-1 OPT ended when you got the green card. You cannot have both.
A Olusanjo Omoniyi
Immigration attorneysYou green card is what you should be using and not the OPT. Also, as a permanent resident, you are now subject to taxation in the U.S. unlike the OPT ,which would have allowed you to claim that you are a non-resident alien on your tax return. Finally, you can join any firm with your green card but you will be subject to Social Security and Medicare taxes. Do not attempt to use OPT at any stage to avoid any tax obligations.
Belma Demirovic Chinchoy
Immigration attorneysNo, once you're a CPR, your OPT EAD is invalid.
BoBi Ahn
Immigration attorneysIf I'm understanding correctly, if you are already a lawful permanent resident (having already received your green card), then you can not still maintain your F-1/OPT EAD status. If the adjustment of status is pending and you were issued an EAD based on pending adjustment of status, you may maintain valid F-1 status until your adjustment of status is granted. Therefore, EAD based on OPT would still valid if it hasn't expired.
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