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-   -   H1b visa tax forms (https://www.askmehelpdesk.com/showthread.php?t=440676)

  • Jan 29, 2010, 12:26 PM
    sivakarthik19
    h1b visa tax forms
    I was on F1 visa from Jan 1st to June 22nd and then was on OPT from June 23rd to September 30th and then my status changed to H1B visa. I did not get the visa stamping yet.

    Can you suggest the tax forms that I need to fill. 1040 NR, 1040 NREZ, Form 8843.

    Which one would be the best option in my case?

    Thanks a ton.
  • Jan 29, 2010, 12:38 PM
    sivakarthik19

    I am single with no dependents
  • Jan 30, 2010, 02:30 AM
    MukatA

    Yes, you will file nonresident tax return. On the H1-B income, the employer must withhold FICA taxes.
  • Jan 30, 2010, 09:04 AM
    sivakarthik19
    Thanks for your prompt reply. I have an other question:
    I got my H1B in October but I did not get it stamped yet. My employer did not hold my social security and Medicare taxes nor I received and social security wages.

    How do I tackle this situation. Do I have to pay social security and medicare taxes from my own pocket (eventhough I did not receive any benefits). Do I have to fill any extra tax forms.

    I greatly appreciate a reply for this question. Thanks a ton in advance.
  • Feb 25, 2010, 01:28 PM
    AtlantaTaxExpert
    You have the legal obligation to TELL your employer that you were liable for FICA (Social Security and Medicare) taxes from 1 October 2009 onward. Do that in writing (email is good for that).

    Once that is done, it is up to your employer to fix the problem.

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