[geyingmd]

I came to USA on 10/15/2009 from china holding J1 visa. I am doing research on university in Mississippi. I know I am non resident alien on 2009 and 2010, became resident alien on 2011, which means I need to pay Social Security and Medicare taxes. But on 2011, I still have the tax-exemption, which form I could fill? My emplyee already withhold my federal tax.Thank you

[AtlantaTaxExpert]

You are in luck. You get to file as a resident alien, filing Form 1040, while STILL claiming the treaty exemption for 2011. You will have to submit Form 8833 to explain and claim the treaty exemption. The net result is that you get ALL withheld federal income taxes back.

You may also get a complete refund from the state, depending on whether the state honors the treaty or not.

If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).