I was on F1 status from August 2009- January 9, 2012. My OPT started from Jan 9 ( effectively still f1 visa status), my employer deducted medicare and social security taxes during the period of January - March, I applied for H1 in April and got approved and effective in Oct. As I understand I shouldn't have paid those social and medical taxes during that period. I asked my employer about the deducted taxes and they said its not in their hands. I want to know if there is a separate form to describe those deductions and also if I am eligible to use turbo tax based on Substantial presence test ?

Also. social and medical taxes were also deducted from April until October, do I have to claim that too? I got H1 approval notice in May though the H1 starts in Oct.

Your employer is wrong; they can get you a refund if they wanted to.

Get a refusal letter from the employer, then submit Forns 843 and 8316 to get the FICA tax refund.

I am planning to talk with my employer one final time, should I be requesting refund till April (when I applied for H1), or May (when H1 was approved), or Oct ( when H1 Status started).

Appreciate your quick response.

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Originally Posted by AtlantaTaxExpert

Your employer is wrong; they can get you a refund if they wanted to.

Get a refusal letter from the employer, then submit Forns 843 and 8316 to get the FICA tax refund.

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I am planning to talk with my employer one final time, should I be requesting refund till April (when I applied for H1), or May (when H1 was approved), or Oct ( when H1 Status started).

Appreciate your quick response.

Your refund is based on the EFFECTIVE date of the H-1 visa.

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Originally Posted by AtlantaTaxExpert

Your refund is based on the EFFECTIVE date of the H-1 visa.

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I already have a W2 ?

If my employer complies on refund, should I request for a new corrected W2 ?

Should I be filing dual status?

A corrected W-2 will be needed.

If the effective date is 1 Oct 12, file as a non-resident alien.

If the effective date is May 2012, then file a dual-status return is needed.

Quote:

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Originally Posted by AtlantaTaxExpert

a corrected W-2 will be needed.

If the effective date is 1 Oct 12, file as a non-resident alien.

if the effective date is May 2012, then file a dual-status return is needed.

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I was going through your profile, your webpage does not entertain 1040NR.

I wanted to ask you if you could do my taxes, and how much it would cost

Please send me an email, as I cannot quote fees on the forum.