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Can I remain FICA exempt on OPT even I received EAD/AP from AOS (i-485)

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  • Can I remain FICA exempt on OPT even I received EAD/AP from AOS (i-485)

    My OPT will be expired next year but I am going to received EAD/AP soon. Here are my question
    • Can I remain OPT after received EAD/AP in order to get benefits from FICA tax exempt until the AOS is approved?
    • If I want to travel abroad and need to use EAD/AP to re-enter US, is OPT still valid?
    Thank you in advance for your advice.

  • #2
    If you don't violate the rules of OPT (e.g. you cannot work outside your field, no more than 90 days of unemployment, etc.), you remain on OPT and F1 status.

    If you enter on AP, then you are not in F1 status, and not on OPT.

    This is my personal opinion and is not to be construed as legal advice.

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