Hello there,

Please help me out here!
January 2010 through December 2010 I have paid my FICA taxes working on OPT; my F1 visa/OPT has expired in January 2011. Just recently I have applied for green card throgh marriage but have no adjustments made to my status yet. I have been in US for less than 5 years.
Am I eligible for FICA reimbursement? Can I get paid FICA back?
Thank you very much!

Yes, you ARE eligible for a FICA tax refund for 2010.

However, the IRS requires that you first TRY to get the refund from your employer.

If they say no, get a refusal letter from the employer, then submit Forms 843 and 8316.

If you need professional help, email me at [email protected].