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    miner_dude's Avatar
    miner_dude Posts: 4, Reputation: 1
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    #1

    Mar 8, 2006, 08:41 PM
    Working on OPT after H1 approval
    Atlanta Expert ,

    I see your excellent solutions , hats off to you.

    I need a piece of advice.My consultancy is running my payrole on OPT (which is valid till April 2006 ) even when my H1 is approved earlier with a start date of jan 1 2006 .

    What are the consequences? Is it legal or do I need to make any adjustments in taxes in the subsequent months? I am planning to go stamping in few months.


    Thanks in advance .
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 8, 2006, 09:10 PM
    Starting on 1 Jan 2006, you became liable for Social Security and Medicare taxes. That is driven by your H-1 visa status, not the OPT.

    Did you inform your employer that your visa status changed on 1 Jan 06? If so, and he did not start withholding Social Security and Medicare taxes, that falls on him, not you. However, you may want to tell him what I stated above.
    miner_dude's Avatar
    miner_dude Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Mar 8, 2006, 09:17 PM
    Thanks for your quick reply!

    I did mention that my status has changed but he has not with held my social and medicare taxes . However, going forward do I need adjustment for the taxes in the subsequent months?

    What should I do as I am planning for H1 stamping shortly?
    Please advice.

    Once again thanks for your quick response!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 9, 2006, 09:42 AM
    Notify your employer in writing that you have changed visa status to H-1. Give him the effective date of the change.
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