Moving abroad but continuing OPT?

[spiritof1776 0]

I'm a British citizen and was in the US from Aug 2012 to the end of July 2014, at which point I traveled to Germany to join my USC wife. She has a fellowship here and once it's done we plan to return to the US in early June 2015.

I was in F-1 status for the entire time I was in the US, studying and then on OPT since mid-June. I began working for a US company and am still working for them now, remotely. Quite likely I'll continue to do so the entire time I'm away. For the time being at least the arrangement is one of me being an independent contractor, rather than an employee, but I have essentially been working full time.

I have plans to return to the US for about five days in November, and potentially for one or more further trips which would be partly or wholly related to my employment.

I'm already slightly overdue to let USCIS know, via the university, of my change of address. I'd like to know whether I am eligible to maintain OPT status, and if so whether it is in my interests to do so.

Presumably the most straightforward thing to do would be to say that I have left the country and abandoned my OPT. In any event my wife and I were planning to apply for the green card from abroad, rather than AoS. And entering the US in November as a tourist would presumably be easier than trying to enter on OPT after having been away for several months and informed USCIS of an address abroad. (I imagine this might automatically trigger USCIS to consider my OPT abandoned in any event, in which case this whole question is perhaps moot.)

On the other hand, I don't by any means understand the complexities of tax, etc., so wanted to run this by the expert VJ community before doing something/missing an opportunity I might regret. Thanks in advance for any perspectives or advice!

[Boiler 45,531]

I did not think F1 was a separate status or that you could be an independent contractor under OPT.

[Mollie09 1,543]

Is your F-1 still valid?

[spiritof1776 0]

Is your F-1 still valid?

Yes.

[aaron2020 11,651]

Why would you need OPT if you can work remotely from outside the US?

[Mollie09 1,543]

I'm pretty sure you forfeit your OPT for not having a US-based job, but couldn't find any information to confirm or deny that hypothesis.

I'd assume at this point you no longer have it. Or better yet, ask the company's legal counsel.

[spiritof1776 0]

Thanks both.

Why would you need OPT if you can work remotely from outside the US?

Perhaps I don't—so that is absolutely part of the advice I am seeking. But since I am likely to be returning to DC at least once during my time in Germany, and during those trips, working for the company while physically present in the US, my concern was that that might be illegal, and/or considered to show immigration intent, if I entered the country on VWP. Is that possible?

I'm pretty sure you forfeit your OPT for not having a US-based job, but couldn't find any information to confirm or deny that hypothesis.

I'd assume at this point you no longer have it. Or better yet, ask the company's legal counsel.

What's the definition of a US-based job—do I have to be physically present in the US? I since emailed the university advisor and was told that OPT status was only forfeited after five months abroad, but that she would need to check.

The company only has 12 people and no internal legal capacity. Guess I could ask them to spend some money on an immigration lawyer if need be, I'm just a little reluctant to be the "nuisance foreign guy"...!

[Boiler 45,531]

You can attend meetings on the VWP, you can not work.

[Mollie09 1,543]

This might help, it was the best I could find: http://www.expatforum.com/expats/america-expat-forum-expats-living-america/96882-eu-citizen-working-remotely-us-company.html

http://www.avvo.com/legal-answers/can-i-work-remotely-from-india-while-in-f-1-opt-vi-1567504.html

[iishlegend 1]

U need a job offer letter from your US employer - firm registered in the US - to be legally employed on OPT. If you're paid in US dollars, the company would have withhold your taxes. When you reenter US your OPT should not be expired, otherwise you will just enter as a normal vistor.

[spiritof1776 0]

You can attend meetings on the VWP, you can not work.

Right, thanks. So retaining F-1/OPT status definitely seems like it would be beneficial.

This might help, it was the best I could find: http://www.expatforum.com/expats/america-expat-forum-expats-living-america/96882-eu-citizen-working-remotely-us-company.html

http://www.avvo.com/legal-answers/can-i-work-remotely-from-india-while-in-f-1-opt-vi-1567504.html

Thanks! Some useful pointers there.

U need a job offer letter from your US employer - firm registered in the US - to be legally employed on OPT. If you're paid in US dollars, the company would have withhold your taxes. When you reenter US your OPT should not be expired, otherwise you will just enter as a normal vistor.

Thanks iishlegend. A job offer letter's no problem. As I mentioned I am an independent contractor rather than an employee, so they are not withholding any taxes for me. As to OPT expiring, it won't have expired as far as the originally granted period is concerned of course. My question was really whether notifying USCIS of an address abroad would trigger premature expiry.