[SJP]

Hi,

I was on OPT from May 30th 2005 till my H-1 began on Nov 16th 2005. I began working on July 1st 2005. I was recently told that I did not have to pay SS taxes and mediccare for the time I was on OPT.

Please let me know what I need to do.

Cheers

Sabata

[AtlantaTaxExpert]

Sabata:

While you were under the F-1 visa, you were exempt from Social Security and Medicare taxes (provided you did not exceed five calendar years in the U.S. under the F-1 visa).

If the Social Security and Medicare taxes were withheld during your F-1 visa, you need first to ask your employer to refund to you. If they refuse (most likely), you must get the refusal in writing (be nice, but insistent).

Once you have the written refusal, download IRS Pub 519 from www.irs.gov and read pages 44-47. It goes over the procedures for requesting a refund. You may or may not get it; it is NOT automatic. However, it costs you nothing but a little time and some postage to ask. There s no penalty if they deny your request.

[SJP]

Is OPT considered F-1 visa? I have not exceeded the 5 year on my F-1.

Cheers

SJP

[AtlantaTaxExpert]

Since OPT is considered part of your schooling, yes, it is under the F-1 visa.