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

Sunny:

The university is correct. The exempt status you enjoyed expires after five years.

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

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.

Thank you so much for your help. I will post my question in "thetaxguy" forum.
Thanks again.
Sk