Hi,

After finishing graduate school on May 2005, I have started working on August 2005 as full-time. I had my OPT and my H1-B approval (that allows me work starting from Oct 05) came later (around August). Sometime in Oct, I emailed our payroll department and asked about why I have been paying for FICA tax since I have started. I was not sure about the legal policy around FICA, so I told them that I did not get my H1-B visa stamp yet. They asked for copies of my passport and refunded me the FICA tax they have deducted until that time. Later I got my visa stamp sometime in December 05. To this day they have not deducted any FICA from me and I am getting uneasy about it. What should I tell them? From which date should I be paying this tax? Since Jan 06 or Since Oct 05?

Thank you for all the help.

K

K:

You should be paying from the date your H-1B visa started (probably the date it got stamped). You had a legal obligation to inform your employer of your change of status.

Notify him immediately and hope they don't decide to collect back taxes.