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Home > Money & Services > Taxes   »   FICA tax on OPT

 
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Old Jan 24, 2006, 11:12 AM
sk72
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FICA tax on OPT

Hi,

Right now I am on OPT(started on Jan1st,2006) and am working for an university. I noticed that on my payroll I have been charged for FICA. When I called up our university tax office, their explanation was that since I am here in the US for more than 5 years-they considered me as a Resident. I came to US in October 2000.

I will be applying for H1B in the month of Nov, 2006.

Please advice.

Thanks a lot.

Sunny

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Old Jan 24, 2006, 04:44 PM   #2  
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Sunny:

The university is correct. The exempt status you enjoyed expires after five years.
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Old Jan 25, 2006, 10:44 PM   #3  
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Thank you for your quick response and answer...
Actually I was on F2 status for the first 3 years....and on F1 for the last 2 years...I think this status difference might make a difference...Won't it?
THANKS AGAIN
Sunny
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Old Jan 26, 2006, 11:52 AM   #4  
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Sunny:

I do not think so. The statute says you can be "exempt" only for a period not to exceed five years. Both F-1 and F-2 visa status is the "exempt" status.

However, if you access www.thetaxguy.com and post your question, you can get a definite answer from a professor in taxation who specializes in alien tax status.
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Old Feb 3, 2006, 01:17 PM   #5  
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Thank you so much for your help. I will post my question in "thetaxguy" forum.
Thanks again.
Sk
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