Hi,

I am a citizen of INDIA and I came to US in Aug '03 as a student with a F1 visa.

I graduated in Dec '05 and had my OPT started from Jan '06. I got my job in March '06 and I converted my visa from F1 to H1 in Oct '06. So, I am assuming that I still fall under the radar of being exempt from the medicare & social security taxes since I was in OPT from Jan '06 until Sept '06. While looking at my paychecks I notice that the total medicare & social security taxes withheld till Sept '06 was $331.54 and $1,417.62 respectively.

But without being aware of this fact that I am exempt from these two taxes during OPT period, I filed my tax returns for 2006 in Apr '07 and got a refund also. Am I still eligible to file a refund for the wrongly withheld taxes now since its been almost a year I converted my visa status?

If it helps any way, I have a letter from my employer stating that they won't be able to refund any of the wrongly withheld taxes. Is there anything else I would be needing from my employer? Should I file for the whole amount mentioned above or what percentage of the above taxes withheld should I request as a refund and also what are the additional documents needed as a proof?

Please advise.

Thanks a ton in advance.
Freeman

AtlantaTaxExpert

The request for refund for wrongfully withheld Social Security and Medicare taxes is submitted using Form 843.

You WILL need the letter you cite, in addition to other documents associated with your visa status, PLUS a copy of your W-2.

You can find the document list on page 48 of IRS Pub 519.

If you want professional help in filing this refund request, contact me at the email address below (dpmtax@mail.com).