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rrb21

Can I work remotely during my OPT? (Because of the pandemic)

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So because of the pandemic my work has gone remote like for most people. I still have a lot of time on my opt left (stem) so I dont want to completely get rid of my status, but I would like to go back for a few months home to see me family and work remotely from there. I would still keep some sort of address in the US but I wouldn’t physically be in the US for a few months and my plan would be to come back in and keep working once my job goes back to in office work. Does that affect my status or can I even do that? I would still be paying taxes in the US as usual since I would keep an address and my status would not have changed. 

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Filed: Citizen (apr) Country: India
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Once your feet are not touching the US soil, there is no meaning for the STATUS. Status happens only when your feet are touching the US soil. Having said that, you are NOT in any status at that time(  I know I have repeated this three times so far, I just want to get this stuck to your mind).

Having said that, your legal activity (EAD - permission to work) got no meaning as there is no STATUS. Your employer should NOT legally employ you (pay you) when you have left the US soil. 

Have a detailed discussion with your employer legal section before making a move.

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1 hour ago, rrb21 said:

So because of the pandemic my work has gone remote like for most people. I still have a lot of time on my opt left (stem) so I dont want to completely get rid of my status, but I would like to go back for a few months home to see me family and work remotely from there. I would still keep some sort of address in the US but I wouldn’t physically be in the US for a few months and my plan would be to come back in and keep working once my job goes back to in office work. Does that affect my status or can I even do that? I would still be paying taxes in the US as usual since I would keep an address and my status would not have changed. 

 

It's tricky because you cannot be unemployed for a period of time and if you leave for a few months, they can decide when you came back that you weren't working. It's up to the officer at the border to decide. Remember that at one point they didn't want to let people in who had all of their classes online. It's a gray area. The OPT is for working in the US.

Edited by Coco8
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