From OPT to work authorization waiting for Green Card

[t_15 0]

Hello,

I am currently on OPT and I am about to receive my new work authorization while waiting for my green card (getting it through marriage). So far, I was not paying social security and medicare since I was on OPT status.

I guess that I am going to fill a new W-4 once I get my new work authorization. Will I pay social security and medicare form now ?

Also, I am kind of confused with filling the W4, can someone explain me this :

"Enter “1” for your spouse. But, you may choose to enter “-0-” if you are married and have either a working spouse or more than one job. (Entering “-0-” may help you avoid having too little tax withheld.) "

I am unsure what to put, 1 or 0 ?

Thanks

[Cheezees 1,514]

I always put 0 for everything so that I get a tax return every year.

[arken 4,197]

Once you start using new EAD (i485 based), you have to pay SS and Medicare taxes. In case you don't see those taxes withheld in you paychecks even after using new EAD, you have to let your employer know that those taxes need to be withheld.

Entering 0 is a good idea so that you enjoy the tax return when you file for it.

Edited October 22, 2015 by arken

[t_15 0]

Okay thanks for the answer. Then my question is :

How am I going to do my tax return knowing that I got married and that I changed status from opt to green card in the middle of the year ? How are they going to know I changed status and I was not supposed to pay SS and Medicare for a good chunk of the year?

Thanks

[newacct 688]

Okay thanks for the answer. Then my question is :

How am I going to do my tax return knowing that I got married and that I changed status from opt to green card in the middle of the year ? How are they going to know I changed status and I was not supposed to pay SS and Medicare for a good chunk of the year?

Thanks

Whether FICA taxes (SS and Medicare taxes) are withheld is the employer's responsibility and is basically independent of your income taxes and your filing of your income tax return.

[t_15 0]

So do I have to fill a new W4 when I get my new work authorization card or Am I still on F-1 status ? Is my OPT still good till it's expiration date or is the new work authorization over writing on the OPT ?

How can my work know or tell me when I have to start paying for FICA taxes ? Is it when I will have my green card ?

Thanks for the help.

[arken 4,197]

Until you use your EAD you are still on F1 status. If you decide to use new EAD, you have to update or fill new i9 form with new EAD info with your employer. It's your employer responsibily thereafter to deduct SS n medicare taxes . Once you start using new EAD, you lose your F1 status and now you are on pending i485 with work permit.

I think if you decide to keep using f1 ead, you can use it till its expiry or till you get your GC whichever is earlier.

[t_15 0]

So It is possible to do that ? I believed that getting my new EAD would annul my OPT status. Are you 100% sure ?

Thanks so much.

[aaron2020 11,651]

So It is possible to do that ? I believed that getting my new EAD would annul my OPT status. Are you 100% sure ?

Thanks so much.

Once you use the EAD, then you are using a benefit under AOS. Accordingly, you will no longer be on OPT status. Once you use the EAD, you can't go back to the OPT.

[t_15 0]

It it legal to keep using my OPT until it's expiration date even if I have received my new EAD ?

Thanks

[newacct 688]

It it legal to keep using my OPT until it's expiration date even if I have received my new EAD ?

Thanks

Yes. Having an EAD does not by itself affect your status. As long as you don't violate the terms of your status (which in the case of F1 OPT, is that you can't work outside your major and cannot have more than 90 days of unemployment, etc.), your status continues.