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falcon1
Nov 24, 2005, 06:07 PM
Hi,

I entered on F1 in 1999 and started working at my current job in feb05 on OPT and my H1b which I recently got started on October 15, 05

Can I get the medicare taxes withheld from feb to oct 15?

I haven't asked my employer this as I came to know of this recently. And I am also a bit hesitant to ask my employer this.

Can I just write to the IRS that these taxes should be refunded to me?

Thanks in advance.

AtlantaTaxExpert
Nov 24, 2005, 08:54 PM
Falcon1:

Check out IRS Pub 519. In my opinion, you are not liable for Social Security and Medicare taxes until your H-1B visa became effective.

The IRS wants you to request the refund from your employer. If they refuse, you need the refusal in writing to attach to Form 843 (along with a number of other documents) when you request the refund.