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tqaf
Oct 26, 2006, 12:56 PM
Dear friends:

I have been on F-1 status from Nov. 2002, I graduated in August with a Master's degree. I started working on OPT on 9/25/06, for that first week paycheck (9/25 - 9/30), only federal and state taxes were deducted, but not the FICA taxes. Starting 10/01/06 (my H1B status starting date), my paychecks shown FICA taxes were deducted.

My question is:


Am I required to pay FICA taxes even though I started my H1B on Oct 1st?

If I am not required to pay FICA, should I ask my employer to refund me the FICA deducted?

Is it true I have to file Form 1040NZ not 1040?


Thanks in advance!

Tqaf :confused:
AtlantaTaxExpert
Oct 26, 2006, 07:47 PM
Tqaf:

Yes. You become liable for FICA taxes the day your H-1B is approved.

If you are married, you can file Form 1040 after you have been on H-1B status for 183 days. You and your spouse has to opt for resident alien status for all of 2006.

If you are single, you should file a dual-status return. Download IRS Pub 519 from www.irs.gov for details on how to file this return. It IS somewhat complicated.