Hi,

I know this has been asked several times but I still am not sure how to judge my situation.

Background:

Indian citizen filing single.

Studied and worked on F1: Aug 23, 2003 to Jan 31, 2007. - Worked in MA

OPT started Feb 1, 2007 and ended Sep 30, 2007. Currently on H1B. - Working and living in NJ

I have two W2s: one from university i.e. in Massachusetts and the other one from my current employer in NJ.

Too confused....any help would be appreciated.

AtlantaTaxExpert

You should file as a non-resident alien, filing Form 1040NR so you can also file Form 3903 to claim moving expenses.

MukatA

You will get exemption deduction of $3,400 and standard deduction of $5,350 as per tax treaty. You will also file form 8843.

AtlantaTaxExpert

Agreed.

taxation

Thanks both!

If I file as non-resident alien I am assuming I can claim social security and medicare taxes back too?

About moving expenses....I dont have any receipts or anything? Is there any standard amount that should be exempted?

This year they are going to have tax rebate. But I heard it is only for residents (most probably not true).........still if I file as non-resident alien would I still get it?

Any help is appreciated!!

AtlantaTaxExpert

Yes, though you MUST ask your employer for a refund of the FICA taxes first. If they refuse, get the refusal in writing, so you can attach it to the Form 843 hat is submitted for the FICA tax refund.

As for the tax rebates, it has NOT YET BEEN DECIDED if non-resident taxpayers will get it or not.

taxation

Thanks ATE!!! You are the best.

I am planning on going to a professional to get my taxes done. Just one last question....is there a form / letter to request refund of FICA taxes from employer or should I just walk up to HR manager and ask for it? Can I show him any document from IRS which states I should first ask employer or get a denial letter from them?

Thank you again!!!

AtlantaTaxExpert

Just ask for it. The letter from your employer should be on company letterhead and have a name and phone number.

Form 8316 can be used in lieu of the employer letter, but the IRS prefers the letter, so try to get it.

afialam

I have a similar situation as above with a slight difference.

I have been in the USA since Aug 2001 and completed Phd in May 2007. Here are the vital stats:
* On F1 till June 2007 [in SC]
* On OPT from June 2007 to Oct 2007 [in MA] (Employer has already refunded the Social Security & Medicare taxes)
* On H1-B since Oct 2007 [in MA, same company]
* Have two W-2s , 1 from University and Employer

1. What forms do I have to fill for Federal and State[SC/MA]?
2. What exemptions can I apply for?

Any help will be highly appreciated. Thanks.

vaya

Since you been in the US for more than 5 years, you became US resident for tax purposes and you need to file 1040 (NOT 1040NR).