[kumarpras]

Hi,
I am an Indian Citizen with my H1B status starting from October 2007. MY OPT status was in between December 2006-December 2007.
My Employer deducted SSN and Medicare Taxes for the whole of 2007. Now, I need to get the money back. What form should I fill to get the refund directly from IRS?
I inquired my employer about refunding the taxes but he wants me to deal with IRS myself.
Please advise the Forms I need to fill and the supporting documents that needs to be produced.

Thanks,
Prasanna.

[latinotaxpayer]

Hi, I am in the same boat, Sort of
You could file the 843 and 8316 forms.
My case is :
I went to school for 5 years and finally graduated last year May 07. I started my CPT and OPT right after that. This year I filed my 1040NR, 8843,843 and 8316. To get the FICA taxes my employer took. I got a nice letter in return saying that I do not qualify for this return as I am consider a Resident Alien as I have been here for more than 5 years. I thought that by filing the 8843 those days do not count against you since I was a student. If this is the case I could have filed a 1040 and get a better and higher tax return. Is there anything I can do to get these taxes back?? I was thinking about filing the 8840 but they asked you to answer if you have any pending changes to lawful resident, and my employer filed this year for my H1-B. Does this count as "changes to lawful resident". I tried going to my employer to get those taxes back but they told me to ask the IRS as they already filed those taxes.
If there is anything I can do?? If there is nothing then, Is there a way that I can file the 1040 eventho I already filed the 1040NR and got my money.

[MukatA]

Hi,
I am an Indian Citizen with my H1B status starting from October 2007. MY OPT status was in between December 2006-December 2007.
My Employer deducted SSN and Medicare Taxes for the whole of 2007. Now, I need to get the money back. What form should I fill to get the refund directly from IRS?
I inquired my employer about refunding the taxes but he wants me to deal with IRS myself.
Please advise the Forms I need to fill and the supporting documents that needs to be produced.

Thanks,
Prasanna.

You will file Form 843 for refund of FICA taxes. Using simple arithmetic, calculate your income during OPT and FICA taxes paid during the OPT income. This is need on Form 843.

Read: Your U.S. Tax Return: Non-resident "Exempt Individual" & Social Security and Medicare (FICA) Taxes