I am currently working under my OPT and in 2008 filled my taxes as a resident (I worked in the US under CPT for 3 months in between my first and second years of school). I went to school in CA and worked during the summer in NY.
However, my W-2 says that no Social Security was withheld by my employer in 2008.
I started a new job in September/2009 (under the OPT) and my employer has been collecting Social Security.

I have a couple of questions to whoever can help me here at the forum:

- Should I do my taxes for 2009 as a resident or a non-resident? I was told that if I do as a non-resident, I will receive back much less than I would receive as a resident.

- If I do my 2009 taxes as a non-resident, can I claim a refund for the social security withheld?

- Going forward, should I ask my employer to stop collecting social security?
- My employer is applying for an H1B for me.

- In 2008 I filled tax returns I CA and NY. Should I do the same for 2008?
- I lived part of 2009 in CA and the other part in NY.

Thank you,

On F-1 you are nonresident and must file nonresident tax return and Form 8843 for 5 years. In 2008, you filed resident return instead of nonresident tax return. You may need to amend your 2008 tax return.