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    Altovia's Avatar
    Altovia Posts: 3, Reputation: 1
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    #1

    Jan 28, 2008, 07:57 PM
    UK Citizen, went from J1 to H1B visa (US), Tax Query.
    I came from th UK and was earning in the US for 18 months on a J1 visa, I exited for three weeks and came back on an H1B visa in 2007. I've been paying state and federal taxes all the way through but no social security, medicare or UK taxes.

    Can anyone tell me if this is correct or if I need to do anything else?

    Any help is greatly appreciated.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 29, 2008, 11:00 PM
    On H1-B visa your income is subject to FICA taxes and federal and state income taxes. For more information, provide this info:
    When did you enter U.S. on J1. Your job on J1. Did you file any tax return in the U.S. Details. When did you enter on H1-B visa.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Jan 30, 2008, 02:54 PM
    Agreed; you become liable for FICA taxes the day you enter the U.S. on the H-1B visa.
    Altovia's Avatar
    Altovia Posts: 3, Reputation: 1
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    #4

    Jan 30, 2008, 06:56 PM
    I filled a tax return for 2006, I haven't filled 2007 yet so I've asked work to look into the social security issue as it looks like I should have been paying it. I came back in on the H!B visa in April 2006.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Feb 1, 2008, 02:49 PM
    Okay!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Feb 1, 2008, 08:46 PM
    Altovia:
    You did not answer most of my questions:
    "When did you enter U.S. on J1. Your job on J1. Did you file any tax return in the U.S.? Details. When did you enter on H1-B visa?"

    It is not possible to tell your filing status for 2007. It should be Dual Status alien or if you got H1-B in 2006 then resident for tax purpose.
    Altovia's Avatar
    Altovia Posts: 3, Reputation: 1
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    #7

    Feb 1, 2008, 09:10 PM
    I entered the US on a J1 on December 15th 2005. My first pay check was in 2006 so I filled a tax return in 2007 for federal and state taxes only. In April 2007 I left for a few weeks to go to the embassy and get my H1B visa and came back then. The J1 visa was with the same company and was for on the job training. So I've been paying federal & state for all of 2007 and it looks like work is back paying social security etc. to April.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #8

    Feb 3, 2008, 05:05 AM
    On J1 you are exempt from FICA taxes for two years, and the period is exempt from residency. So you will pay FICA taxes only during H1-B.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #9

    Feb 4, 2008, 10:52 AM
    Agreed!
    Rahul1984's Avatar
    Rahul1984 Posts: 2, Reputation: 1
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    #10

    Jun 18, 2010, 09:31 AM
    My H1B case is pendding from TY 2008. I have send all required document but still they are review my case So...
    1) Can you tell me when will I get h1B visa result or Is there any way to know Yes or No answere?
    2) Can I apply for Student visa while my H1B visa is pending?
    Rahul1984's Avatar
    Rahul1984 Posts: 2, Reputation: 1
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    #11

    Jun 18, 2010, 09:32 AM

    My H1B case is pendding from TY 2008. I have send all required document but still they are review my case So...
    1) Can you tell me when will I get h1B visa result or Is there any way to know Yes or No answere?
    2) Can I apply for Student visa while my H1B visa is pending?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #12

    Jun 18, 2010, 12:13 PM
    Rahul:

    Your question is NOT a tax question, but rather a LEGAL question that should be posted under the LAW forum under Immigration Law.
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