Hi. I was a student on my OPT from Jan 2006 to Jan 2007. I was employed full time in May 2006 but my status changed to H1B only in Jan 2007. My question is when I file for taxes for the year 2006 can I use the standard deducation for Indian citizen since I was on OPT at that time or would it be only my state and local taxes. Also my employee collected social security and medicare taxes during that time. Can I claim a refund on this?

Thanks
Tom

Tom, you don't say how long you have been in the US on F1 status, but assuming less than 5 years, you should be able to claim a FICA refund. You should be able to claim the India-US treaty to help you out with the standard deduction.

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Originally Posted by tomkovoor

Hi. I was a student on my OPT from Jan 2006 to Jan 2007. I was employed full time in May 2006 but my status changed to H1B only in Jan 2007. My question is when I file for taxes for the year 2006 can I use the standard deducation for Indian citizen since I was on OPT at that time or would it be only my state and local taxes. Also my employee collected social security and medicare taxes during that time. Can I claim a refund on this?

Thanks
Tom

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Which form would I need to fill out. Would it be the 1040NR or 1040NR-EZ for the federal taxes

Probably Form 1040NR-EZ.

However, if you incurred moving expenses in 2006 when you started your OPT, you will need to file Form 1040NR to be able to attach Form 3903 to claim those moving expenses.

Other than the W2 and the tax forms what other documents do I need to send like copy of visa or copy of I94.

Thanks
Tom

Tom:

No, a copy of your visa or I-94 is NOT required; the Form 1040NR and 1040NR-EZ has pages that ask about your visa information.