[virk78]

Hello
I came to US in Oct 2001 on F-1, I started working on OPT from November 2006.
My H-1 started October-2007. I am paying Social Security and Medicare Taxes since the very first day of my OPT (Nov 2006).
My Questions are:

1.) Am I eligible for a refund of my SS taxes and Medicare that I have paid during my OPT status (Nov 06- Sept 07). Or was I already a Resident-Alien during that time. I am confused about this, since I get conflicting answers whether the 5 year period in F-1 is considered towards Substantial Presence Test or not. If not, then I am clearly eligible for a refund? Please clear my Dillema... I can quote various suggetions from this forum, e.g.
" Days in F1 are not considered towards Substantial Presence Test" etc.

2.) Also under similar circumstances; the tax that I paid during my full-time employment under OPT, Should that be deducted at a different rate, than the one that should be deducted under H-1.

I would highly appreciate an expert response. This would make life much easier for me.
Thanks for your reply.
Virk

[AtlantaTaxExpert]

1) No. Since you arrived in 2001, your exempt status expired on 31 December 2005. Staring on 1 January 2006, you became elugible to accrue days under the Substantial Presence Test. You were a resident alien for 2006.

2) You should have filed as a resident alien in 2006, filing Form 1040, 1040A or 1040EZ. If you filed Form 1040NR or 1040NR-EZ, then you need to amend the 2006 return using Form 1040X. It is likely that the tax will be no different than when you filed. However, as a resident alien, you CAN claim education credits/deductions for tuition paid in 2006 that could NOT be claimed as a non-resident alien, so you MAY get some money back when you amend the 2006 return.

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