[fppei]

Hi, Atlanta Tax Expert,

I read most of your post responses and still have questions since my dumbness, but I will make them simple and short.

I entered USA (Atlanta, GA) on 07/12/2001 as a F-1 student from PR China.
My OPT started on 08/03/2004 and switched to H1-B on 08/01/2005. I joined my current company on 06/07/2005.
I relocated to Chattanooga, TN on 07/22/2005 based on the commitment to my company.

Within my OPT period (01/01/2005 - 07/31/2005), my previous and current companies did the FCIA and Medicare tax withhelds for me, which I think is incorrect but it already happened.

Now my questions are:

a. According to my situation, what and how many forms I need to file?
b. For the FCIA and Medicare tax between 01/01/2005 and 07/31/2005, am I
Able to get them back?
c. If yes to question b. how do I calculate the amount of FCIA and Medical
Care from 06/07/2005 to 07/31/2005 ?

Thank you for the patience for reading my questions, and your response will really be appreciated.

PP

[AtlantaTaxExpert]

PP:

a) You file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.

b) Yes, you may be able to get them back using Form 843. See page 46 on IRS Pub 519.

c) Calculate your daily salary. Then multiply it by the number of days, then multiply it by .0765 (that's the combined tax rate). That will get the amount you need.

[fppei]

Thanks a lot! This really helps!

One quick question, how about the FCIA & Medicare Tax withhelds on H1-B from 08/01/2005 - 12/31/2005? Refundable?

[AtlantaTaxExpert]

Negative. The day you started under the H-1B visa is the day you became liable for Social Security and Medicare taxes.

[fppei]

Understood. Thanks again!

[AtlantaTaxExpert]

Glad to help!