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ashishkb1
New Member

I moved from F1 to H1b, it seems that employer held more FICA tax than I expect. I expect me to be charged from Oct to Dec since that is when I was on H1b. Am I correct?

Can I expect to get this refund from my employer?
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Accepted Solutions

I moved from F1 to H1b, it seems that employer held more FICA tax than I expect. I expect me to be charged from Oct to Dec since that is when I was on H1b. Am I correct?

How many years have you been in the US?  

 

If 2020 was your 6th year in the US, you were probably a Resident Alien for the entire year.  If you were in the US for 5 or less years, you probably started as a Nonresident Alien, then turned into a Resident Alien (a "Dual Status Alien").

 

If you were a Resident Alien for the entire year, the FICA applies for the entire year.  If you were NOT a Resident for the entire year, you are correct, only Oct-Dec should have had FICA (if you were NOT a Resident the entire year, TurboTax is faulty, so I recommend going to a tax professional that is experienced with Nonresident Aliens).

 

 

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1 Reply

I moved from F1 to H1b, it seems that employer held more FICA tax than I expect. I expect me to be charged from Oct to Dec since that is when I was on H1b. Am I correct?

How many years have you been in the US?  

 

If 2020 was your 6th year in the US, you were probably a Resident Alien for the entire year.  If you were in the US for 5 or less years, you probably started as a Nonresident Alien, then turned into a Resident Alien (a "Dual Status Alien").

 

If you were a Resident Alien for the entire year, the FICA applies for the entire year.  If you were NOT a Resident for the entire year, you are correct, only Oct-Dec should have had FICA (if you were NOT a Resident the entire year, TurboTax is faulty, so I recommend going to a tax professional that is experienced with Nonresident Aliens).

 

 

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