I am a non resident alien doing my OPT. My employer says that they will send me an amended W2 and I will get a refund from the IRS. Pub 519 on the IRS website clearly states that the employer has to give me a refund or else I will have to file form 843 and dorm 8316 to obtain a refund. The process includes attaching my W2 that proves that social security and medicare taxes have been withdrawn erroneously. I don't quite understand how the amended W2 helps. In fact that leaves me with no proof that I have had taxes erroneously withdrawn. Could you please advise me on what to do and whether I need an amended W2?

Thanks

If your employer amends your W-2, then the refund MUST come from HIM, not the IRS.