FICA tax deductions eligibility


New Member
Currently on STEM OPT and my EAD is valid till 2025, However, I got approved NIW and my AOS EAD was issued. I provided this information to my employer and they deducted FICA taxes from me and even backdated it to the time the NIW EAD was issued, which means I have to refund for the months I held the EAD. My question is, I am still using my student STEM-OPT and choose to use that card for my employment authorization, do I need to pay FICA taxes considering I am not using the AOS EAD card, not on H1B and not been in the states for up to 5 years
FICA probably shouldn't have been deducted, but good luck getting the money back from your employer and/or IRS.