[annecharlotte19]

I will be graduating with a masters in the spring of 2014. I have full time employment starting after Labour Day 2014. I am trying to decide whether to use up OPT at the beginning or whether get my prospective employer to petition for an H1N visa this April 2014.

What things should I consider? For example... I am wondering about the following and other matters I may not have thought of...

What income taxes will be saved if I opt for OPT = I am a Canadian resident.

If I want to work for my university AND for my prospective employer long term, can I do so with an H1N visa? I think I can with OPT, as long as my OPT is not used up?

I will graduate in May 2014. Can I go home to Canada post graduation? Does it depend on whether I will be working under OPT or H1N? I have read I cannot return home while H1N is pending? When is an H1N not pending - i.e. is that on Oct 1 or after the H1N has been approved?

Thanks so much for any input.!
Very confusing stuff. I have used some OPT but not all and I am graduating in a STEM area.

[AtlantaTaxExpert]

ANY work visa (H-1, H-1B, H-1N, L-1) requires you to work for ONE and only ONE employer.

I cannot answer whether you can return to Canada while waiting for the H-1N; that's a question for an immigration attorney.

If you stay on OPT, you are EXEMPT from FICA (Social Security and Medicare) taxes for as long as your F-1 status is under five years.

[annecharlotte19]

How long can I be exempt from FICA? I am graduating with my masters in Spring 2014. I started my bachelors in Fall 2009, graduated in Spring 2009. I believe I can be on OPT for 29 months, effective Spring 2009? I am in STEM.
I have already used OPT for my Bachelors. I read something about an exemption from FICA for OPT AS LONG AS THE TIME IS 5 YEARS OR LESS. What counts in terms of the 5 years? Do I count from FALL 2019 or from SPRING 2014 or some other date?
Thanks,

[Cat1864]

Your questions have been merged into one thread. Please stop asking the same question over and over again.

[AtlantaTaxExpert]

Your exemption from FICA (Social Security and Medicare) taxes ended on 31 December 2013, because 2009 counts as a full year.

Make sure your employer is aware of this fact when you start OPT.

[annecharlotte19]

Hello
Can anyone comment on the tax rate on taxes under OPT (after the 5 year limit for FICA is used up) ant taxes under H1B. Are they higher once a green card is optained. I am currently a Canadian resident.
Should I defer an H1N visa on this basis?

[AtlantaTaxExpert]

It is the same either way.

The non-discrimination clause that is standard for all tax treaties dictates that non-resident aliens be taxed at the same rate as U.S. citizens.