[surajsun008]

I am an International student on F1-Visa. However,I incorrectly filed 1040EZ instead of 1040NR-EZ in 2010. I got a Earned Income Credit and making Work pay credit.
However, My employer also withheld social security and medicare tax which he was not suppose to withhold.
So which lines to I need to fill in 1040-X since it is a change in filing status ?
Also what other forms do I need to submit along with 1040NR- EZ and 8843 for 2010.

[AtlantaTaxExpert]

You need to submit Form 1040X to amend the return. You will have to return the EIC and Making Work Pay Credit. Attach a properly-prepared Form 1040NR-EZ and Form 8843 to the Form 1040X. Print the word "AMENDED" on the top of the FIRST page of Form 1040NR-EZ.

You also need to specifically ask that the IRS re-instate your non-resident alien status

While the amendment is being processed, approach your employer about getting the FICA (Social Security and Medicare) taxes refunded to you. The IRS requires that you FIRST attempt to get a refund from the employer.

If he refuseds (which is likely), get a refusal letter on company letterhead which states how much in taxes for Social Security and Medicare was withheld, WHY he cannot refund these taxes, and a name and phone number of a point of contact.

When the amendment is processed, you will then submit Forms 843 and 8316, along with the refusal letter and other support forms, to get the FICA taxes refunded. This process can take up to a year to complete.

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