pk
Level 15
Level 15

Get your taxes done using TurboTax

@gopala007 ,    Namaste ji

 

(a) Generally with  the first entry   as F-1, one is allowed a five calendar year  reprieve  from having to count days present ( "exempt"  status ) towards  Substantial Presence Test.    So if you changed your F-1 status and then came back to F-1, you still have  ONLY the original five calendar years and/or the unused portion thereof.

(b) Thus I would , absent any other contravening facts/ circumstances, that  if  you entered the country in 2020, your max availability of  exempt status is  till m12/31/2024.   So if you became ineligible for exempt status  for the period 10/01/2022 through 11/01/2023,  then you have only 01/01/2024 through 12/31/2024 as the remainder exempt period.  Note that this  depends  on the exact circumstances and facts in your case.

(c) The FICA tax has really nothing to do with "exempt " status.   It depends on your work status ( training , school education  status) -- whether you are a trainee or an actual employee.  So if you are allowed to work /earn on the school premises or as a trainee / part of your education/ research  etc. you are temporarily present and therefore immune  from FICA requirements.

 

Please tell me more about --- when did you arrive in the USA, was this your first entry for any reason, which country are you from, why did you change to H1-B   ( not OPT? ), are you married and if so to whom -- US person or an NRA, etc. etc.

 

I will circle back once I hear from you 

pk