Atlanta Expert ,

I see your excellent solutions , hats off to you.

I need a piece of advice.My consultancy is running my payrole on OPT (which is valid till April 2006 ) even when my H1 is approved earlier with a start date of jan 1 2006 .

What are the consequences? Is it legal or do I need to make any adjustments in taxes in the subsequent months? I am planning to go stamping in few months.


Thanks in advance .

Starting on 1 Jan 2006, you became liable for Social Security and Medicare taxes. That is driven by your H-1 visa status, not the OPT.

Did you inform your employer that your visa status changed on 1 Jan 06? If so, and he did not start withholding Social Security and Medicare taxes, that falls on him, not you. However, you may want to tell him what I stated above.

Thanks for your quick reply!

I did mention that my status has changed but he has not with held my social and medicare taxes . However, going forward do I need adjustment for the taxes in the subsequent months?

What should I do as I am planning for H1 stamping shortly?
Please advice.

Once again thanks for your quick response!

Notify your employer in writing that you have changed visa status to H-1. Give him the effective date of the change.