Hi,
I am an International student (from India) doing my MS in Computer Science in NY. I worked for a month on CPT in 2009 and I got a w-2 form from my employer recently. And I realized that my employer did withheld Medicare Tax and social Security Tax. And I asked him to refund the SS Tax and Medicare Tax and he refused to refund and said I did not give him form 8223 along with the w-4. And I did some research and came to know that I can get a refund for SS tax and Medicare tax if I file form 8316 and form 843. I am filing 1040 NR-EZ and form 8843 and My question is, can I file those two forms (8316, 843) now without filing 8223. What is the best thing to do now. Please help. Thank you.

Yes, you can now file the Form 843 and 8316.

You SHOULD try to get a refusal letter from the employer, but it is NOT absolutely essential.

If you want professional help filing these forms, email me at [email protected].