Hello,

I came to US from China in January 2006, and graduated December 2007. I started to work from Feb. 2008. From Feb. 2008 to Sep. 2008, I worked with my OPT. My visa status was changed from F1 to H1B on Oct. 1 2008 and my spouse's changed from F2 to H4.
My employer paid Social Security and Medicare taxes during my OPT.

In this case, what is the best way to refund Social Security and Medicare taxes from Feb. 2008 to Sep. 2008 and file the tax return? Which form should my wife and I use?

You first must request a refund from the employer. The IRS requires this, and the employer should have an incentive to cooperate because he gets a refund as well.

If not, get the refusal in writing on company letterhead and then file Form 843, with supporting documents, to the IRS to request a refund.

If you need professional help, contact me at [email protected].

You first must request a refund from the employer. The IRS requires this, and the employer should have an incentive to cooperate because he gets a refund as well.

If not, get the refusal in writing on company letterhead and then file Form 843, with supporting documents, to the IRS to request a refund.

If you need professional help, contact me at [email protected].

Hi, AtlantaTaxExpert,

Thank you for your kind answer.

I requested, but the company didn't give me the refusal letter and just want me to apply it by myself. Also the company doesn't have its own letterhead papers since it is a small company.

Can I write the statement by myself that says I requested but rejected?

Yes, you can submit Form 8316 in place of the letter from your company.