Dear Tax Expert,

I read that when you are in OPT status, you can claim for social security and medicare. Once you are in H1B status you are liable for those. But I heard people saying that during the period of your H1B (max 6 years) you can claim your social security and medicare max 2 times (not every year). Is that true. I am in OPT from 1997 to 1998 and H1B from 1998 up to now (more than max 6-year because still in pending status labor certification form ETA 750).

Another question, now I'm maried and my husband in A2, we both pending status labor certification ETA750, what form do we need to file taxes?

Sorry, but it's too late to claim a refund for the Social Security and Medicare taxes withheld in 1997 to 1998. There is a three-year statue of limitation on filing that claim.

File Form 1040, 1040A or 1040EZ for the tax return for 2005.