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    zulu17's Avatar
    zulu17 Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 10, 2008, 06:07 PM
    Opt - H1b (1040 nrez or 1040 ez)
    I had a couple of doubts:

    1.) I was on my Opt from Jan2007 to Oct 2007. My status changed to H1b from Oct 2007.

    Now, I have filed a 1040 Ez for return. Is that correct or do I need to file a 1040 Nrez.

    2.) Also my Social Security and Medicare were withheld the entire year. How do I file a return for that.

    Thanks,
    Praveen

    P.S: Sorry if the questions are repeated, I searched and couldn't get ne other thread same as my situation
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 28, 2008, 01:16 PM
    1) File Form 1040NR-EZ; you have NOT yet met the Substantial Presence Test.

    2) First, you need to ask your employer to refund the first nine months of withholdings for Social Security and Medicare taxes, as they were withheld IMPROPERLY. When they refuse (which they will because the tax year has ended), get the refusal in writing. You then need to submit Form 843 to request a refund from the IRS.

    If you need help with the Form 843, contact me at the email below.
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