[fergzzq]

Hi, I was recently hired and asked to fill out a W4 form, and had some questions. I will be working in New York, and will be living in New York, but was told that when filling I should say I am not a resident of New York because I am not a permanent resident and haven't applied for a green card (I will be working through OPT and am authorized to work in the US with an EAD card). Is this indeed the case? Also, I was told by I friend that because I am working though OPT I am FICA exempt and should specify this in my W4 as this would too save me a bunch on taxes. Can I do this? Thanks for your help, I really appreciate it!

[fergzzq]

Also to clarify, I am no longer a student, I graduated in June but will be working with OPT

[MukatA]

On F1 and OPT your income is not subject to FICA taxes but you must pay federal income tax and state income tax.
If you live in New York, you are resident of New York. It does not matter if you are a citizen or permanent resident or not.

[AtlantaTaxExpert]

All that MukatA says is true.

However, if you reside in New York City while on F-1, you can file as a NON-resident of the city because of your student status.

[fergzzq]

Thanks for the replys, I really appreciate you help! Does this apply (filing as a nonresident) even though I am no longer a student? What would be better for me for tax purposes, to file as a resident or as a nonresident if I can do either?

[AtlantaTaxExpert]

While you are on OPT, you are legally considered to be a student. When you lose the F-1 visa, then your student status no longer applies.