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Posted on 08 May 2010
Q.

OPT versus EAD (tax)

Hi,

I worked in the US for 2 years under H1B for company 1 then 2 other years for company 2 and then joined a Masters program in New York last year in Sep09.
I am graduating this month May10, and found a job with a 3rd company and will be working under my Masters OPT starting 1 June.
At the same time I launched 3 years ago my green card with company 1, and since I'm in the last phase, the Green Card process is independant of the company that used to sponsor it.
question:
since I will be under OPT for about a year starting 1st June, but in 2 to 3 months I will get the working permit from the green card (which will overlap with my OPT), can I still use the OPT for the full 12 month in order to get taxed lower (at 17% total tax) instead of being taxed 35% under the working permit?

User's Location: New York, New York, United States of America
Category: F1 Visa (Student Visa)
Posted on 10 May 2010
A.
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User_thumb_6_Photo_Andrew_Wilson

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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