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    a4ans's Avatar
    a4ans Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 19, 2009, 11:58 PM
    Opt or h1b
    I entered usa in December 2004 as an f1 student and would start a job on opt in September 2009. Is it true that based on 5 calender years I am a resident alien for the year 2008.

    If so, would it make any difference in my taxes (fica/social security/medicare) if I start my h1b in October or should I remain on opt till next October.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jul 20, 2009, 05:00 AM

    In 2009, your income is subject to SS tax and Medicare tax. You will file resident tax return, and can not claim any treaty deduction.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Jul 20, 2009, 08:02 AM
    The key is what you INTENT will be after the OPT period.

    If you intend to apply for a H-1B visa, then you cannot claim "a closer connection" to your home country in order to retain your non-resident status in order to avoid paying FICA taxes. Based on your posting, this seems to be the case.

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