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    jgsprasad's Avatar
    jgsprasad Posts: 1, Reputation: 1
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    #1

    Oct 10, 2011, 09:02 AM
    F1 to H1B (Change of status) in Dec 6,2010
    Have been on F-1 from Aug 2008, On Dec 6 2010 got my H1-B approved with change of status. My employer did not cut the SS and Medicare taxes for Dec 2010. Do I need pay for SS and Medicare taxes for 24 days of Dec 2010, while I was in H1B. Also which form should I submit 1040 NR or 1040 ? I am confused, please help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Oct 11, 2011, 03:33 PM
    You do NOT pay FICA (Social security and Medicare) taxes that your employer failed to pay; that is your EMPLOYER's job.

    For 2010, you file as a non-resident alien, filing Form 1040NR or 1040NR-EZ AND Form 8843 ONE LAST TIME. Even if you were married, you do NOT qualify to filing jointly with your wife because your H-1B status did NOT started before 1 December 2010.

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