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H1B Start Date October 1st, I got OPT - when can my employer start deducting taxes

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  • H1B Start Date October 1st, I got OPT - when can my employer start deducting taxes

    Hi guys!

    I am on STEM OPT and while I was waiting for H1B result, I got the result towards the beginning of October.

    When can my employer start deducting taxes (Fica,Medicare,...) on my pay check? Since my start date is October 1st, 2010 - should my employer deduct taxes immediately or can they wait till December to do the same? That is what the attorney hinted at in the initial call.

    Thank you!

  • #2
    If your H1B effective date is Oct 1st, then taxes should be deducted from Oct 1st on your pay checks. If not, you will endup paying it when you file the tax returns.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      If your H1B effective date is Oct 1st, then taxes should be deducted from Oct 1st on your pay checks. If not, you will endup paying it when you file the tax returns.
      I wonder why the attorney hinted at December 1st for the deductions is what is confusing me!

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      • #4
        Immigration attorneys are not tax consultants. Talk to a CPA if you are in doubt but Oct 1st it is!

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Originally posted by txh1b View Post
          Immigration attorneys are not tax consultants. Talk to a CPA if you are in doubt but Oct 1st it is!
          That clears it up guys! Yeah, I wasn't sure about that either but yeah, my employer pays a part of those taxes and they want to know when to deduct them!

          Thanks much!

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