I am currently on F-1 OPT visa, working for a company who provides FSA. I have a son who was born in US. Am I eligible for FSA - child care expense for year 2009?

Thanks.

If the company allows you to participate in the FSA, and you expect to use up the entire FSA amount before you finish your OPT, then, yes, you ARE eligible to participate and you should do so. It is a BETTER deal than the Child Care Credit.

thanks Atlanta Tax Expert!
The $2500 are deducted evenly per pay check throughout the year. I may change my status from OPT to H1B in Oct 2009. So I may not be able to use all FSA up during OPT (I suppose my account has to be funded before reimbursing). Is there going to be any problem?

Not if you are confident that you will get the H-1B, because then you will have another 3 months to use up the FSA.

Otherwise, it is a bit of a gamble. If you do not use the FSA before you leave your OPT job, you LOSE the money.

very helpful. thanks.

Glad to help!

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