Hello,

I am currently working on my H1b Visa. I started working with a company from Jan 2005. Jan 2005 till April 2005 I was on OPT. I got my H1b approved from first week of June. I would like to claim SS & medicare taxes. I am the only H1b guy in this company so HR people are not aware how to handle this situation.

Your help in this concern is highly appreciate

Regards
SarangK

SarangK:

If they withheld SS and Medicare taxes while you were under F-1 visa status, you can request a refund using Form 843. You need to ask for the refund from the company first. If they refuse (and they probably will), get the refusal in writing, preferably on company letterhead.

Download IRS Pub 519 from www.IRS.gov, then read pages 45 - 47 for procedures to claim this refund,

Thanks a lot Atlanta Tax Expert.
Suppose if want to claim the through IRS 843, do I need to submit my paystub as a proof to IRS or should I need the letter from company saying that withhold my SS & medicare. I will talk to my company how I can assure that during my F1 visa status I should get back my SS & Medicare. Is their any link on IRS website which says like that so that I can take a printout of that and showed to my HR people..

SarangK:

The first thing you should do is request a refund of the withheld Social Security and Medicare taxes from your employer. When they refuse (and they will refuse), get the refusal in writing, preferably on company letterhead.

That refusal is the major piece of documentation you need for the refund request. The rest are forms or photocopies of forms you already have, including the paystub and/or W-2 which shows the withheld Social Security and Medicare taxes.

Thanks a lot Atlanta Tax Expert!! This was really helpful..
I really appreciate your sincere response to my queries.
Regards
Sarangk

Glad to help!