Hi Atlanta tax Expert,

I saw that you have helped a lot of people here, so hoping that you will help me too. I am originally from India on F1 from October 12th 2000 - to October 21st 2005 (including OPT period) and on H1B since October 21st 2005 to date. SSN and Medicare was withheld for me from April 12th 2005 to date. I have been filing 1040NR-EZ. MY questions are:

1) What forms do I need to file?
2) Can I get back the SSN and Medicare paid from April 12th to October 21st 2005 by claiming to be NR?
3) What deductions can I claim?

Cordially,
Ajit.

Ajit:

1) Since you came in country in 2000, the five-year time limit for the exemption allowed under the F-1 visa is up. All of the time you spent in 2005 is eligible for the Substantial Presence Test. File Form 1040.

3) You can claim the stnadrad deduction ($5,000) and a personal exemption ($3,200) for yourself and your spouse and children (if applicable).

2) file Form 843 to claim the refund for SSN and Medicare. The fact that you are filing as a resident alien is irrelevant.

Thank you Atlanta Tax Expert for your help.

- Ajit.

Glad to help!