Hi,
I was in F1 status from Jan 2002 till June 2005 and in my OPT from June 2005 till April 2006; From April 2006 I am in H1 status; But when I was in my OPT ( from Oct 2005 to April 2006) my employer deducted soial security and medicare taxes;
I used to file 1040; But last year for 2005 I have filed 1040 NR; Can you please suggest me if I can get my refund for social security and medicare taxes with held please;
Thanks

If you filed Form 1040 in any year prior to 2004, you filed incorrectly. You need to correct that FIRST, as the IRS will use it as reason to deny your Form 843 refund request.

You can correct it by amending the return using Form 1040X with an accurate Form 1040NR or 1040NR-EZ attached. You may have to pay some additional tax, but it should not be too much.

Once you get that done, you need to get the documents specified on page 46 of IRS Pub 519 together to file your refund request with Form 843.

If you need professional help doing ANY of this, email me at [email protected].

Thank you very much for your reply TaxExpert;

Glad to help!