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azyang
Jan 11, 2007, 05:52 PM
Hi,

could somebody help me with this quick question. I came to US from 2004 and graduated in Jun. 2006. And my OPT became effective from Jul. 2006 to Jul. 2007. Then I got my H1B on Nov.

When I started to work with current employer with OPT, my employer deducted FICA from the first date (while I was on OPT). But a friend told me that the employer should NOT deduct that until the date the H1B became effective. Is this true? Where I can find some official terms that I can show to the payroll department.

Thanks,

AtlantaTaxExpert
Jan 11, 2007, 05:59 PM
You need to download copies of IRS Pub 519 and 15 to review with your payroll department.

Normally, students on OPT ARE exempt from FICA taxes, but only if the OPT is related to the field of study.