I read through some the posts, I was working on OPT (F1 Visa) from Jan - Oct 2005 and was on H1-B from Oct 1, 2005 onwards. It seems since I did not complete 183 days on H1-B I still qualify as a non resident and should
File 1040NR or 1040NREZ with the standard deductions (from India).
Am I also applicable for a refund of the medicare and social security that has been deducted from Oct - Dec 2005 while I was on H1-B ? If yes, could you advise how to go about it (what forms to fill etc).

Thanks a lot ! All the information here is very helpful !:)

Yes, you should be able to claim the refund by filing Form 843.

Download IRS Pub 519 from www.irs.org and read pages 45-47 for the procedure and supporting documentation you will need.

Hi pkohli,

I don't think you are entitled a refund of the SS and Medicare taxed while you were on H1B (Oct 2005 onwards)

You can only claim for a refund if your SS and Medicare were withelf while you were on OPT... that is Jan 2005 to Oct2005

Please correct me if I am wrong.

Hi Vikram,

I think you are right, I talked to my employer and they said the same thing that I would not be entitled for a refund from oct-dec 2005 while I was on H1B.

Thanks for the response !

You are both right! I mis-read the posting.