[Arkan]

Hello

I am new to this forum and found it very useful. I was on F1 visa till 1 October, 2007 and I was on OPT from March till October 2007. Now from October, 2007 onwrds I am on H1B Visa. I still have to file my 2007 taxes, I have few quesries.. I really appreciate any help. My que are

1. While on F1 visa, I filled my taxes via some tax consultant. They filed my taxes using form 1040 for 2005, 2006. So now do I need to file amended tax return for 2005, 2006 as per form 1040NR or 1040NR-EZ? ( Note: My income during 2005 and 2006 was not very high)

2. Now while on OPT from March, 2007 till October, 2007, my employer deducted SSN and medicate TAX ( only for initial few months, then they stop deducting), so I need to claim that amount. So being on H1B now, should I file form 1040NR or 1040? If I file 1040 this year, I cannot claim SSN and Medicare Tax deducetd by error.

I am very confues and really need help in this regard.

Thanks in Advance.

[AtlantaTaxExpert]

1) Yes, you need to amend your 2004 and 2005 tax return to get the records straight that you were a non-resident alien for those years.

2) Since you did NOT meet the Substantial Presence Test for 2007, you need to file as a non-resident alien for 2007 as well.

Yes, you CAN get the Social Security and Medicare taxes back that was improperly withheld during your OPT period.

First, you must request that the employer refund these taxes. When they refused (which they will because the tax year has been closed), get the refusal in writing, preferably on company letterhead.

You then submit Form 843 with the refusal letter and other support documents as specified on Page 49 of IRS Pub 519.

This needs to be done AFTER you amend your 2004 and 2005 tax return, or the Form 843 will be rejected.