I came to states ( F-1) on Aug, 2002, I began to work on my OPT (optional practical training )from Jan to June 2005, then from June 20, 2005 I converted F-1 to H1-B visa and started working on H1-B for the same employer.

However, my employer has deducted my Social Security taxes & Medicare taxes during my OPT ( From Jan 05 to June 05)and I have received only a single W2-form indicating that the wages I earned on OPT and the wages I earned on H1B.

I assume I can file as dual states in order to get SS taxes and Medicare taxes back with 1040 NR and other paperworks?

Thanks for helps!

You assume correctly. Dual-status normally does not apply for non-resident aliens converting to H-1 status, but a dual-status return is the only way you can file and still be able to file for a claim to get SS taxes and Medicare taxes back.

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Originally Posted by AtlantaTaxExpert

You assume correctly. Dual-status normally does not apply for non-resident aliens converting to H-1 status, but a dual-status return is the only way you can file and still be able to file for a claim to get SS taxes and Medicare taxes back.

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Thanks for your reply! Since I only received one w-2 including the wage during OPT and H1. Do I need separate the wage and taxes for 1040NREZ and 1040 EZ respectively? Can I still have the 5,000 tax treaty in 1040NREZ?

Yes, you can claim the $5,000 standard deduction under the India-U.S. Tax Treaty if you are from India. Otherwise, no.

You will have to separate out the income under F-1 and H-1B visa status on the Form 843.