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Am I supposed to pay FICA taxes ?

My immigration history:

 

Entered US 12/30/2013 on F1
Changed to H1B on 11/18/2017
Current H1B Expiry date: 1/27/2024
Changed to F1 on 12/11/2023

 

Since date does not matter only year matters, I have been on F1 = 2013, 2014, 2015, 2016, 2017, 2023 = 6 years
Does that mean FICA taxes should be deducted from my paychecks this year?
I see there is a statement on IRS site,

"You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, student, Exchange Visitor, or Cultural Exchange Visitor on an "F, " "J, " "M, " or "Q " visa for any part of more than 5 calendar years, unless you establish to the satisfaction of the IRS that you do not intend to reside permanently in the United States, and you have substantially complied with the requirements of your nonimmigrant status"

I haven't filled PERM or i140. Does that mean I satisfy that I do not intend to reside permanently and don't have to pay FICA Taxes? 

Please help. I am so confused.

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1 Best answer

Accepted Solutions
DaveF1006
Expert Alumni

Am I supposed to pay FICA taxes ?

Yes, you may still maintain your exempt status if you have no intention to reside permanently in the US.  To exclude, you would need to attach form 8843 to your tax return and then mail it.

 

Turbo Tax does not support filing a 1040 NR return but our affiliate at sprint.tax does. Please contact them for further information.

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1 Reply
DaveF1006
Expert Alumni

Am I supposed to pay FICA taxes ?

Yes, you may still maintain your exempt status if you have no intention to reside permanently in the US.  To exclude, you would need to attach form 8843 to your tax return and then mail it.

 

Turbo Tax does not support filing a 1040 NR return but our affiliate at sprint.tax does. Please contact them for further information.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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