pk
Level 15
Level 15

After you file

@krissh1368 , 

FICA contribution is 15.3% -- generally shared 50-50  by the employer and the employee.   The fact that your employer considered you a "student" means that they did not contribute their own share either.  So to keep the system happy ( that is  for purposes of your retirement ) you can pay in the 15.3% or you can  convince your employer to pay his/her share   ( a very unlikely event ).  It may be easier  to just let the sleeping dog sleep.

 

USCIS / DHS does not  determine tax rules and regulations --- therefore I sent you quote from the IRS lawyers and as long as you met the conditions called out you should be immune from FICA.  It is possible that all sides made a mistake but trying to correct it may become itself an issue , not the least  of which is that  your employer  would look real bad  ( even may be fined  ) -- therefore  I would suggest leaving it alone.   IRS generally will not question this unless we are talking about Thousands of dollars  in fines and taxes ( it cost them quite a bit to collect  taxes/penalties) and if by some chance your 2018/2019 gets  selected  for a full audit ( an unlikely event but definitely possible ), you could then explain the mistake and let them  take action/settle -- that way you will not make your employer unhappy ( especially since he is changing and collecting/contributing FICA here onwards.

Namaste

pk