[desigirl24]

Hello

I am Indian (NR) and have been on OPT between 25 sep 2006- 25 sep 2007, H1b starting oct 2007. A few questions:

1. For 2006 , I should have filed 1040-NR. I did not and neglected it thinking I was only getting a return anyway. Is that a big offense?

2. For 2007 , I should be filing a 1040- NR. Correct?

3. For both the years, I have had social security and medicare taxes being withheld. Can I claim it back... even for 2006 can I claim it? Given that I am late by a year.

Please help.
Thanks in advance,

Desigirl

[MukatA]

1. You filed wrong return. You should file amended tax return (Form 1040X) with properly done nonresident tax return.
2. In 2007 you will file nonresident tax return.
3. Your income during F1 and OPT is exempt from FICA taxes. Yes, you can claim it back. First send an email to your employer to refund you the FICA taxes. Then file Form 843.

Read about filing Form 843: Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

[desigirl24]

Thanks so much. I spoke with my employer and they are refundig my FICA money back. But he is givng me a W2c and told me to send both the W2c and the W2 during the time of filing my Fed return this year.
Does the fact that I get my money back affect mt Fed refund in anyway?

[MukatA]

No, it should not affect your federal tax. Make sure to file Form 4868 for extension to file and also pay any tax due.

Read Your U.S. Tax Return: Automatic Extension for 6 Months to File Your Tax Return (Form 4868)