FICA/Medicare Tax deduction under family based EAD.

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abcdamerica

Registered Users (C)
Hello Gurus,
My immigration status has been changed recently from F1 OPT to family based EAD. I have been working full time for last 2 years and until now I have been exempted from FICA/Medicare taxes as I was on F1. I talked to my employer to deduct FICA/Medicare along with Federal and State as I received family based EAD under C9 category. They are not willing to deduct FICA/Medicare until I become permanent resident.

Is it Okay? Can I start FICA/Medicare deduction after I receive GC or should I pay FICA/Medicare from the day I receive family based EAD?

Your response is highly appreciated.
Thank you!
~AbcdAmerica.
 
Your employer is definitely wrong. They are supposed to withhold it when you are working on the I-485 based EAD. You are no longer in a nonimmigrant status that is exempt from FICA.

Are they aware that people in H1B and L1 status have to pay FICA, even though they're not permanent residents? Where did they get the idea that only permanent residents and citizens are supposed to pay FICA?

If it's not withheld by your employer, you will have arrange to pay the amounts on your own. And your employer can get in trouble for not paying their share (your employer is supposed to pay a matching amount in addition to whatever is deducted from your salary).

You probably were speaking to some uninformed HR people. See if you can talk to a lawyer or tax accountant in the company.
 
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