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    alex860308's Avatar
    alex860308 Posts: 1, Reputation: 1
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    #1

    Sep 19, 2011, 09:19 AM
    Working on OPT, H1- B in transition but F-1 Visa expired in June. Should I pay FICA?
    Hi,

    I graduated with a Master's degree and have been working on OPT since June this year; however, my F-1 Visa has expired and HR has listed me on a AE (Authorization for Employment document) status in the system and I have been charged FICA taxes even though as far as I understood from you forum (very helpful indeed!) is that foreign workers on OPT are exempt from those.
    I have been approved for H1-B starting October 1st, and I expect to be liable for these taxes starting then; however, given my case should I request a refund for the sum which is being withheld from my paycheck so far?

    Thank you very much for your help
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Sep 20, 2011, 01:27 PM
    The FICA (Social Security and Medicare) tax exemption applies specifically due to your F-1 (or J-1) visa status.

    If you do NOT have the protection of the F-1 visa status (as indicated in your post), then the default position of the IRS is that you ARE liable for FICA tax withholding.
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