Hello,
I am an International Student on F1 Status. For 2009 taxes I filed using Turbo Tax and got a substantial amount as refund. After that I filed for social security and medicare wage refund using 843 and 8316 and mailing it to IRS. For which they replied saying that I filed as a resident so I will not be getting this refund back.

If I file using 1040NR-EZ and 843 , 8316 for tax return for 2010 will my status still be as resident with IRS? Do I have to amend first and then file 1040NR-EZ and 843?

Thanks in advance for help!

You must first amend the 2009 tax return, filing Form 1040X and attaching a properly-prepared Form 1040NR-EZ and Form 8843 to the Form 1040X, and ASK to have your non-resident alien status re-instated.

Once the IRS processes the amendment, then (and only then) do you re-submit the Forms 843 and 8316 to request the FICA tax refund.

If you need professional help filing your amendment and Forms 843/8316, email me at [email protected].