Greencard and FICA taxes

[feldjaeger]

Haven't been able to get an answer to this.

I am currently working on an F1 as part of my OPT. I got married in July to a US citizen and filed all apps in August. I received a new EAD and Advance Parole for travel in November.

My question:
On the F1, I don't have to pay FICA taxes. At what point do I need to start paying them?
A) From the date I got married, or
B) from the date I submitted for AOS, or
C) from the date the GC status is approved?

Your help is much appreciated.

[NBC_June04]

None of these.
An employer should start withholding all the taxes that Americans pay when you first use the EAD based on AOS.

[LucyMO]

it actually depends on what company you work for. When I worked for a university, FICA taxes were not withheld -- and for the first five years of employment that was true not only for me, but for all other employees of the Uni. When I worked on CPT and OPT for an off-campus company, they were withheld.

[feldjaeger]

[feldjaeger]

Lucy, I think the fact that you didn't pay FICA taxes for the time fram has to do with the University. However, regardless if you work in the non-profit sector or for-profit, I believe if you are doing CPT/OPT (on a visa), you do not ever pay FICA and should not have been withheld.

[LucyMO]

I paid FICA both on OPTs and CPT, and I don't mind it a bit, since I am immigrating and it counts towards my SS credits.

I did find this info:

Employment and Social Security Taxes

Students on F-1 visas and whose income is earned in support of the objectives for which they were admitted to the U.S. should not have Social Security (FICA) taxes withheld from their pay, as they are exempt from FICA taxes as long as they have received employment authorization.