FICA taxes while in pending AoS

[seattle2903]

My AoS is currently pending and I started my job 2 weeks ago. HR verified my EAD and SS card but also wanted to see my F1 visa because they said I will be exempt from FICA taxes. They verified my visa, it is valid, so they updated my payroll to “FICA exempt”. I understand that this makes sense to not oay FICA since I am not a permanent resident yet and I will update my status again once my Green Card is approved. Did all of you who work while the AoS is pending get exempt from FICA?

[nycfiler3]

My AoS is currently pending and I started my job 2 weeks ago. HR verified my EAD and SS card but also wanted to see my F1 visa because they said I will be exempt from FICA taxes. They verified my visa, it is valid, so they updated my payroll to “FICA exempt”. I understand that this makes sense to not oay FICA since I am not a permanent resident yet and I will update my status again once my Green Card is approved. Did all of you who work while the AoS is pending get exempt from FICA?

Mmm my guts tell me than its doesn’t make sense. Either you use you visa for employment and pay taxes according to visa status OR you start using your work permit and pay regular taxes. I might be wrong and curious to see what people with this experience say. However the last things you want is 1/ to not pay the taxes you’re supposed to pay 2/ having to pay back the tax you haven’t been paying when they realize you were supposed to. It happened to me when my visa went from FICA and SS exempt with my former J1 to nothing exempt with my H1B. I had to reimburse 6+ months of not paying these taxes. It wasn’t fun. Just saying.

[seattle2903]

Mmm my guts tell me than its doesn’t make sense. Either you use you visa for employment and pay taxes according to visa status OR you start using your work permit and pay regular taxes. I might be wrong and curious to see what people with this experience say. However the last things you want is 1/ to not pay the taxes you’re supposed to pay 2/ having to pay back the tax you haven’t been paying when they realize you were supposed to. It happened to me when my visa went from FICA and SS exempt with my former J1 to nothing exempt with my H1B. I had to reimburse 6+ months of not paying these taxes. It wasn’t fun. Just saying.

That is exactly why I posted here because I am afraid I will underpay and end up owing to the IRS. I have no idea why HR went that route. I work for a big, national bank so I would assume the HR Dept knows what they are doing. I think I will talk to a CPA to make sure or just tell HR to withdraw regular taxes and if I end up being exempt, I will get a refund in April.

[spaceprice]

My gut too says this doesn't make sense and you should be paying FICA taxes. Given that you are working on an EAD that was applied based on c(9) category AND NOT OPT (which is for those on F1 status), you should be paying FICA taxes. I get that you have a valid visa but it doesn't make sense that you get all the benefits of your F1 status given that you are in the middle of AOS. Once you applied for AOS, you have made it clear that you want to immigrate to the US (while F1 is strictly a non-immigrant visa). I recommend talking to your employers legal team (if that is an option) and sorting this out.

This is just my personal opinion and should not be construed as legal advice.

[k6543]

That is exactly why I posted here because I am afraid I will underpay and end up owing to the IRS. I have no idea why HR went that route. I work for a big, national bank so I would assume the HR Dept knows what they are doing. I think I will talk to a CPA to make sure or just tell HR to withdraw regular taxes and if I end up being exempt, I will get a refund in April.

a tax consultant would know more on this, they will let you know if you pay them like $50 etc...
I was on F-1 and just gor approved for GC.
So I have no idea what taxes I have to pay.
Currently paying almost all the taxes required. In short, I'm paying half of my salary in taxes.

Do not take this thing lightly, people get RFE fro USCIS based on tax.

[S_R_E]

I am currently working in a position that is designated as tax exempt for both state and federal taxes and all I pay is FICA.

The last time I looked it up (and I don't think it has changed since) I paid the following taxes (and rates) and I am California.

Social Security Tax (6.20%)
Medicare Tax (1.45%)
CA State Disability Insurance (0.90%)

Total = 8.55%

If you pay these taxes they will be credited to your Social Security account and will always remain there.

I originally started the green card process in the late '80s and separated from my ex-wife before the process was complete and after our initial interview and having received an i-551 stamp and Social Security #. I never filed for removal of conditions as I was not even aware you could when you were no longer married.

I was out of status for many years and remained working using my valid Social Security #. In 2017 I filed for AOS again with my current wife and was approved and given my 10 year green card (due to length of current marriage). ALL of the earnings reported against my Social Security # have remained in my account regardless of whether or not I was in status when I accrued them.

Those payments will register to your social security account and start adding to your work history for medicare / social security etc...

If it was my choice I would make the FICA taxes and start adding to my social security account.

Of course this is just my opinion and nothing more.

[miiki]

Not a tax professional, just based on doing taxes the last couple of years. Non-residents are taxed differently, but spouses of US citizens can choose to be treated as a resident. I also think that residency comes into play if you are maintaining a home in the US vs. outside the US. If you choose to file married filing jointly with a US citizen, you'll be treated as a resident even if you aren't one yet.

[DreamBig13]

I would say pay the FICA taxes. You have a SSN with a valid working permit which means that when you file taxes, you will be required to pay the FICA taxes (instead of by every pay check), if you don’t have enough money withheld, you will have to pay that at once and maybe penalties for underpay. Also, when you pay FICA taxes, your employer also matches that amount into your social security account (the more the better when you retired). Your employer reports payroll to the IRS every quarter and your payroll with your name and SSN is reported as well. The IRS might come back to you.