Dear Atlanta Tax Expert,

1. I was on opt until sep30 2006 andi converted to h1 (effective date was from oct 1).
2. During my employment on opt my employer deducted SS Tax + Medicare Taxes from my pay. Can I claim the SSTAx and medicare tax from IRS up to September 2006.

Can you send me what are the forms I have to submit for Federal and to claim my SStax and Medicare Taxes.

-Anand

Anand:

You should file as a non-resident alien and file Form 1040NR or 1040NR-EZ for the income taxes for 2006, For 2007 and beyond, you will file as a resident alien, filing Form 1040, 1040A or 1040EZ.

Ask your OPT employer to refund the SS and Medicare taxes. When he refuses (and he will), get it in writing and file Form 843 with the refusal memo and other support forms required on page 46 of IRS Pub 519.

Thanks a lot

Glad to help!