Dear Atlanta tax expert,

Can you please answer my question?

My status changed from F1(OPT) to H1 on Oct 1 2007. My employer is withholding Social security taxes from Oct 1 2007. Under SPT I am still a non resident. My question is regardless of what my status(resident or non resident) is do I have to pay social security taxes because of my H1? (OR) can I claim a refund of the social security and mediccare taxes because I was non resident.

In Short, Do H1 holders have to pay social security and medicare regardless of SPT? Having a H1 makes you a resident automatically?

BTW. I already filed my taxes using 1040NR.



Any Help is appreciated.

Thanks,

You cannot get a claim of refund for the social security taxes after you obtained your H1 visa. As soon as you obtained the H1 visa, you becamse subject to social security taxes.