+1-800-997-1228
Questions & Answers

How can I use my F-1 OPT EAD to work when I have a green card?

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

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Based 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.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your green card is now your authority to work. It has priority over the old EAD.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The 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.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If 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.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    No, once you're a CPR, your OPT EAD is invalid.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You 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.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Our F-1 OPT ended when you got the green card. You cannot have both.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Once 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.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.