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View Full Version : F1 (opt) to H1 visa and fica exemption


bilinmiyo
Feb 9, 2007, 07:26 PM
Hi taxexperts,

I am non-resident alien. (single)

-- started working in march with f1/opt visa. (opt is valid until February 1, 2007)
-- applied for h1b visa in July
-- h1b was approved in August
-- got my stamp in December 1, 2006.
-- effective start date for h1b is January 21, 2007.

I did not know that I am exempt from fica taxes, and my company has been deducting it from my paycheck.

I would like to learn how many months I can claim exemption from fica during 2006... I could not find any documents mentioning about this.

In other words, am I still under opt (and therefore I can claim fica-exemption)?:confused:

Thank you very much in advance...

(PS. How many days can I exclude in 2006 for non-resident alien status? My opt will expire in 2007)

AtlantaTaxExpert
Feb 10, 2007, 12:17 AM
If the H-1B visa is effective on 21 January 2007, that is the date you should use when you request a refund of ALL Social Security and Medicare taxes for 2006.