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    pansontw's Avatar
    pansontw Posts: 1, Reputation: 1
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    #1

    Jun 24, 2008, 01:22 PM
    OPT cap-gap extension for 2008, how about FICA tax?
    My background: I came to us on April/2004, graduated from master program on June/2007, and started working on July/2007 (OPT started).

    Theoretically, I have to stop working while my OPT expired on Jun/15/2008. This year, new regulation allows students who are the H-1B beneficiary to extend their OPT expiration date toward the beginning of H-1B VISA (Oct/1/2008).

    So I am still working till now. (June/24/2008)

    My question: Do I need to pay FICA taxes during the period of OPT extension (June/15/2008- Sep/30/2008)??



    Thank you

    Panson
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jun 24, 2008, 11:10 PM
    I have not read the regulation. Can you provide the link where you read this? The link may have the needed details.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jun 25, 2008, 08:18 AM
    Panson:

    If the OPT has been formally extended, so has your F-1 visa.

    Since you will NOT exceed the five year limited until the end of 2008, you are NOT liable for Social Security and Medicare taxes until your H-1B visa becomes effective on 1 October 2008.
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