Hi there,
I was on full time optional practical training(F1-visa) from March 17,2008 till October 4, 2008. From October 4, I was working on H1-B work permit. I wanted to know if I have to pay FICA taxes for the duration I was on OPT(march 17 - October 4). I was asked by my employer to pay this amount... so wanted to confirm if I should be paying this. Any response in this regard shall be highly appreciated.

Hi there,
I was on full time optional practical training(F1-visa) from March 17,2008 till october 4, 2008. From October 4, I was working on H1-B work permit. I wanted to know if I have to pay FICA taxes for the duration I was on OPT(march 17 - october 4). I was asked by my employer to pay this amount....so wanted to confirm if I should be paying this. Any response in this regard shall be highly appreciated.

FYI... I have been in the US since August 2005...

Normally, students under a F-1 visa working on OPT are STILL considered to be students and are exempt from FICA taxes. This assumes that you arrived in country under your F-1 visa on or after 1 January 2004 and you have NOT exceeded five years in the U.S. on this or any previous F-1 visa.

If the above applies to you, then you were exempt from FICA taxes until 4 October 2008. The date your H-1B visa became effective is the day you should start paying FICA taxes.

You can download IRS Pub 519 and print pages 47-50 to show your employer. The pertinent information on this issue are in those pages.

Normally, students under a F-1 visa working on OPT are STILL considered to be students and are exempt from FICA taxes. This assumes that you arrived in country under your F-1 visa on or after 1 January 2004 and you have NOT exceeded five years in the U.S. on this or any previous F-1 visa.

If the above applies to you, then you were exempt from FICA taxes until 4 October 2008. The date your H-1B visa became effective is the day you should start paying FICA taxes.

You can download IRS Pub 519 and print pages 47-50 to show your employer. The pertinent information on this issue are in those pages.

Thanks for the help.

Glad to help!