Work VisaJan 18, 2018
Monsantobarryo

FICA tax on partial OPT and H1B

I was on OPT for few months in 2017 before getting my H1B. My company did not withhold FICA tax from my paycheck until October 1 (start date of H1B). When I file my tax return, will I need to pay FICA tax for whole of 2017, or only partial year (after October 1). Is later even possible? Thanks in advance.

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Glassdoor gdoor Jan 18, 2018

If you were on H1B for more than 6 months, you will need to pay FICA tax. in your case, you should be fine.

Microsoft Hgbxhj Jan 18, 2018

So he should get reimbursed for the 3 months he paid ? (October 1st ->)

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adrian.nc Mar 4, 2018

Hey @barryo would you mind to share with us how was this issue resolved for you? I'm going through exactly the same situation. After verifying the substantial presence test, I confirmed that I have to file as a non-resident this year. However, when I used the softwares Glacier and Sprintax, I get that I owe $2500. I think the software is assuming I have to pay FICA for the entire year, but that shouldn't be the case, I paid only October to December as it was required per my immigration status. Any advice you can give me based on your case?

Monsanto wateva Mar 5, 2018

I have to file as a resident as I have been in US for more than 5 years and I pass the substantial presence test.

Asurion yeyeahh Mar 12, 2019

@barryo did you have to pay FICA for the whole year 2017? If yes, did you may the FICA for Jan-Sept directly to IRS or did you ask the employer to withdraw it?