[electronish]

Country : India
Status: F-1 ( 2nd year of the total 5 years )
Pay: 57K/annum ( paid bi-weekly )

I have been working on CPT from June 07 to Dec 14 07; From Dec 15 07 I am on OPT, I told my employer Not to deduct my Social security and Medicare and they didn't for the period
1 June to 31 dec. They agreed and didn't take it out.

Now they are applying my H1b and they started deducting my ss and med from Jan 08.

When Asked they said , as they are applying my H1B they have to deduct the ss and med tax. Is this true ?
If I can't stop them from taking it out , is there a way I am going to get it back ? And Do I have to do in this tax season ( apr 15 2008 ) Or the next one ?

Thanks for any help !
Also, If I go for professional filing of my taxes how much does it cost and will it make a difference..

[AtlantaTaxExpert]

You do NOT start taking out the SS and Medicare taxes while you apply for the H-1B visa. You only do so when the H-1B visa IS APPROVED.

If your employer will not listen, get them to put the refusal in writing. When you get the H-1B visa, you can then file Form 843 and get the improperly-withheld SS and Medicare taxes refunded by the IRS. Your employer will NOT get his half of the taxes back, though, but he had his chance to listen to reason and refused, so he is paying for being stubborn.

If you want a fee quote for my professional help, email me. I will not post my fees on an open forum.

[electronish]

Thank you very much.. I have emailed you on: [email protected]

[AtlantaTaxExpert]

Glad to help!