[dhawalchheda]

Hello,

I started my OPT in March 2009 and went onto H1B 1st Nov 2011.
Throughout this period I had been paying Social Security and Medicare taxes.
I didn't realize until someone told me yesterday that I could get a refund for those taxes as I was on OPT. Is it possible to get refund for previous years that I paid taxes?

Any suggestions would be helpful.

Thanks.

[AtlantaTaxExpert]

You CAN recover all of the taxes from 2009 through 2011.

First, you must approach your employer and ask for a refund of the FICA (Social Security and Medicare) taxes. The IRS requires this, and if the employer agrees, you can have the refund in about a month.

If they do NOT agree, please get refusal letters, one each for 2009, 2010 and 2011, which shows HOW MUCH was improperly withheld. With each letter (helpful, but NOT absolutely required), you would then submit Forms 843 and 8316 for each year (three packets total), plus some required support documents, to the IRS, who would consider each submission on its own merit. That process takes betwwen six month to a year, and the refund is NOT guaranteed.

If you want professional help doing this, email me at the email address in my profile (if you cannot see it below).