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-   -   F1 (opt) to H1 visa and fica exemption (https://www.askmehelpdesk.com/showthread.php?t=61645)

  • Feb 9, 2007, 07:26 PM
    bilinmiyo
    F1 (opt) to H1 visa and fica exemption
    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)
  • Feb 10, 2007, 12:17 AM
    AtlantaTaxExpert
    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.

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