Hi,

I am on my opt now and was on opt last year(2010).
I filed my 2009 returns through a tax consultant who filed form 1040, 1040A & 8863 and I got most or all of my federal income tax back.
But while filing for returns of 2010, I am getting back only 20 %, where I being on opt, I believe that I get should get back major portion of the amount that I paid for FDI tax last year, as I am international student and still on OPT.
Please let me know if any one knows any thing about this.
Thanks!

Sunny

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes. You filed resident tax return for 2009, which was a mistake if you did not complete 5 years on F-1. http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html

@ Mukata: Thanks for you reply.

Hi,

I entered US in August '07 on F1 visa, and I started working on opt from Dec. '09.
I am still working on my opt (2011), so I have completed a stay of 3.5 years in US and hence pass the presence test, so I am suppose to file as a resident aliens, but as mentioned in the publication 519 of IRS, under the presence that, the presence test has an exemption for students present on F visa for 5 years and hence I am considered a non resident aliens.

I am all confused if now after 3.5 years, I should file as a resident alien or a non-resident alien?
Can anyone please help?
I really appreciate your help.
Thank you.

File nonresident tax return for 2010.
When you get time file amended tax return Form 1040X along with properly done non-resident tax return for 2009. By filing resident tax return you claimed standard deduction and deductions allowed only to the residents but your employer did not withhold FICA taxes. Residents pay FICA taxes while nonresidents do not pay FICA taxes.

My employer with held FICA taxes from my pay check by error, which I informed him last week and he understands that and hence he's trying to get me the refund. Will this be a concern when filing as a non resident for 2010 taxes?

My employer was talking about filing for 944X for getting back my FICA refund and his share of Social security that he paid in contribution to mine, which I am not sure if that's the right form to get him n me back refund. I request you to please let me know if you know anything about it.
Thanks again.

P.S. : That information really helps to get me back my FDI taxes complete back, as I was thinking of filing as a resident this time. Thanks once again Mukata. I appreciate that information.

The Form 944X is one of several forms that can be used to get the refun.

Just be sure you have he refund IN HNAD before you file as a resident (which you can do ONLY IF you have converted to H-1 or H-1B prior to 1 December 2010 AND if you are married).

Otherwise, file as a non-resident.