[Titanium1312]

Hi!
I am an Italian citizen working as a post-doc in the US. I came here with a 2-years J1 visa, entering the country a week before my official start date.
It sounds like if the entry date is considered, this would cause to exceed the 2-years planned stay, thus involving "perspective loss provisions".

On this issue, I have two questions:

First, does anyone know if there is there a way to override this formal problem not to lose the treaty benefits? I see it’s not an uncommon situation unluckily…

Second, should the contract come to an early termination because of a new job, would this condition restore the tax treaty eligibility with the possibility to claim a refund of federal taxes for the period spent in the country under the first J1 visa stay?

Another point concerns specifically the SS and Medicare (FICA) taxes. After being withhold with my very first check – I guess because I did not have a SSN yet at that time, that stopped and I was just withhold federal and state taxes for the first few months. Now that the tax season has come I was informed that from now on also FICA taxes will be withhold, as my status is claimed to be changing to resident alien.
How does this relates to the tax treaty?

Thanks!

[AtlantaTaxExpert]

Neither the IRS nor the USCIS are going to check to make sure you stay for only two years and not one day more. Some variance is allowed.

[Titanium1312]

Neither the IRS nor the USCIS are going to check to make sure you stay for only two years and not one day more. Some variance is allowed.

Hi! This sounds reassuring, thank you.
However for the reason I explained my employer is not providing me with the 1042-S form and will keep withholding federal taxes from the paycheck. Is there a way to ask for refunding of the federal taxes later?

[AtlantaTaxExpert]

Yes, you can submit Form 1040NR with Form 8833 to claim the treaty exemption and get the withheld federal income taxes refunded to you.