Hi,

I came to US in May 2006 and graduated in Jan 2007. My OPT is due on 1/24/09, and my status right now is green card pending. Do I need to pay FICA in Jan 09? My employer has deducted FICA few months last year and also deducted in Jan this year. Since my employer doesnt want to refund FICA back to me, can I get refund from IRS directly? How?

Thanks a lot!

Rita

MukatA

During F1/OPT your are exempt from residency for 5-years. Your income is not subject to FICA taxes. Talk to your employer. If they have already deducted FICA taxes, ask them for refund.
Read: Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

airstar

Hi MukatA,

Thanks for your explaination. That's really help, I have few more questions need your help,

1. What my employer need to do to get refund from IRS if they refund FICA back to me? And normally how long will it take to get refund?
2. Between the gap of OPT and Green card, am I an exempt individual? on the other word, am I a F visa holder?

Thanks,
Rita

AtlantaTaxExpert

1) The employer needs to amend their quarterly Form 941 to get the refund. Since they should be filing the Form 941 for the last quarter of 2008 right about now, the refund should be available relatively fast.

2) Until you change visa status or until the F-1 visa expires, you remain under the F-1 visa and are exempt from FICA taxes.