I-485 pending - did NOT pay Social Security/Medicare TAX for 5 years!!

kiani_1

New Member
Hey guys,

I just realized that, NO Social Security/Medicare tax has been deducting from my paycheck, over the past 5 years!! - because in HR payroll my status is still F-1.

- I was an F-1 intern at my company before joining full-time. I've been working full-time on H1-B since 5 years.
- PD is current and awaiting I-485 adjudication (over 6 months)
- Already have EAD/AP card
- Current status: AP (travelling and re-entered on AP)

I'm not familiar with tax stuff at all, I've just been filing 1040EZ online (Turbotax, using company W-2).
I read some unrelated discussion about SS/Medicare tax, and realized that my W-2 boxes 3,4,5,6 were always blank.
I looked online and realized that for H1-B, SS/Medicare should be deducting from paycheck.
I emailed HR, asking why. They replied that in payroll system, my status wasn't updated from F-1

Guys, please answer some questions for me:

1. Anyone faced the same situation? What happened?
2. Will it affect my I-485?? Should I be worried?
3. What should I do? How bad is it?
4. Will I have to pay 5 years of tax!!!

Would really appreciate any guidance. Thanks guys!!
 
From http://www.irs.gov/publications/p15/ar02.html#en_US_2014_publink1000202531
Collecting underwithheld taxes from employees. If you [the employer] withheld no income, social security, or Medicare taxes or less than the correct amount from an employee's wages, you can make it up from later pay to that employee. But you are the one who owes the underpayment. Reimbursement is a matter for settlement between you and the employee. [...]​

It's the employer who owes it, not you. Plus, there is no procedure for an individual to pay FICA (SS and Medicare) tax anyway. Only a company can pay it to the government.
 
Thanks bro.

Can you please explain this a bit more? My company was supposed to pay the Gov, and they didn't?
What should "I" do now?
Will it affect my pending I-485?

Do you know what are the consequences for me in this case? Will my company have to collect the money from me?

Just out of nowhere, this headache came in my life ...as if the hassles of H1/GC weren't enough already
 
Did you fill out a new form I-9 when you changed status to H1B?

Of course, since the company filed your H1B petition, they obviously should have known that your status changed, but it's still your responsibility to file a new I-9 when your status changes materially such as F-1 to H1B.
 
PD is June 2008, 485 status Initial Review
I got below update on 485
On June 30 2014 we mailed you notice that we certified our approval of this case and sent it to the appropriate appellate body for review. they will notify you directly when they make a final decision.

Please help as no body i know has got this email?
 
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