Hi, I came to US in August 2005 with the F-1 visa. I graduated and started to work with the OPT in January 2008 until October 2008. On 1st of October 2008 I got my H1B. I filled 1040 NR-EZ for the previous years (2005, 2006,2007) I checked the older posts in this web site and I tried to do the substantial presence existence test but I could not figure out that am I a non-resident align or a resident align (I am single and from Turkey).
I really appreciate if you can answer my questions.

1. Am I non resident, resident or dual status?
2. I also have two W-2’s. I already bought Turbo tax. If I am a nonresident align, I will not use it since it only has 1040 forms. However is it still OK to use Turbo tax for state taxes?
3. During my OPT my employer took the FICA and Medical taxes from me. After asking them if they won’t give the money back which form should I use?
Thanks a lot

1) You file as a non-resident alien, filing Form 1040NR-EZ and 8843 one last time.

2) Yes, you can use TurboTax for the state forms.

3) You need to get your employer's refusal in writing, then submit the refusal letter with Form 843 and 8316, plus some other support forms. If you want professional help to file these forms, email me at [email protected].