Scenario:

Entered US in August 2005 (F1) and graduated in May 2007. Will start working in August under OPT until H1B becomes effective in October 2007. Questions:

1. I can only file as a non-resident alien for the year of 2007 since I do not pass substantial presence test. Is this correct?
2. What is the benefit of filing under dual-status?
3. I under stand that I can claim back the medicare and social security when I work with OPT. After H1B becomes effective, can I still claim them under non-resident alien status?

Sorry for bringing this up again. Thanks a lot!!

1) No, you CAN file dual-status if you are willing to wait until you meet the Substantial Presence Test. Otherwise, you will file as a non-resident alien.

2) Most likely there are NO benefits to filing dual-status.

3) Yes, you have until April 15, 2011 (the 3rd anniversary of the normal filing deadline for your income tax return) to request a refund of improperly-withheld Social Security and Medicare taxes for ax year 2007. However, the better solution is to talk with your employer and get the money refunded through him.