[edu1013]

Hi Atlanta Tax Expert,

Here is background info.

1. entered USA from South Korea on 4/13/2002 with F1
2. started to work with OPT since 8/15/2006
3. my H1B was issued from 7/11/2007
4. I have two babies
5. my wife has been on F1 since 2002

Questions

1. Am I a dual-status taxpayer? What types of tax forms would you recommend for me?
2. I need to get the FICA tax return for my OPT period. But, 4/12/2007 was the last day of my fifth year here. So do I have to request the FICA tax return for Jan-March?

Thank you so much for your help in advance.

[AtlantaTaxExpert]

1) No. Because you enetered the U.S. in 2002, your exemption under the F-1 visa EXPIRED on 31 December 2006. Starting on 1 January 2007, you became a resident alien. File jointly with your wife using Form 1040A and claiming both children as dependents.

2) Because you were a resident alien starting on 1 January 2007, you became liable for FIA taxes on 1 January 2007. No refund of FICA taxes for 2007 is possible,