Hello,

I have been working in the US as a student on OPT for the following duration:
July 2007 - September 2008

On October 2008, I switched to H-1B status on a "Change of Status" petition.

For the Financial Year 2008, I have been on OPT for 9 months of the year and I have been paying Social Security and Medicare taxes since October 2008.

I am not subject to the Substantial Presence test, since I have only been in the country since August 2005.

I wanted to know if I can reclaim the SS and Medicare taxes that I've paid in this year, since I would be considered a Non-Resident. What forms would I have to fill out? What deductions can I claim? I received a credit refund note from the IRS of $400 that can be applied to my taxes. Can I claim that refund?

Thanks in advance!

TRP

TRP:

The payment of FICA taxes has NOTHING to do with the Substantial Presence Test in your case.

You become liable for Social Security and Medicare taxes the day your H-1B visa became effective, which was 1 October 2008. Based on your posting, that is when your employer started withholding those taxes, which was correct.

Quote:

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Originally Posted by AtlantaTaxExpert

TRP:

The payment of FICA taxes has NOTHING to do with the Substantial Presence Test in your case.

You become liable for Social Security and Medicare taxes the day your H-1B visa became effective, which was 1 October 2008. Based on your posting, that is when your employer started withholding those taxes, which was correct.

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Thanks for the input! Also, should I fill out the 1040NR form for this year? Is it all right if I fill out the regular 1040 forms? Can I use software like TurboTax for filing taxes this year, rather than filling it out manually?

If you are single, you can only file nonresident tax return and Form 8843.