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New Member
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Apr 15, 2006, 10:33 AM
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OPT to H1 in June05, Dual status for SST& Med Tax
I came to states ( F-1) on Aug, 2002, I began to work on my OPT (optional practical training )from Jan to June 2005, then from June 20, 2005 I converted F-1 to H1-B visa and started working on H1-B for the same employer.
However, my employer has deducted my Social Security taxes & Medicare taxes during my OPT ( From Jan 05 to June 05)and I have received only a single W2-form indicating that the wages I earned on OPT and the wages I earned on H1B.
I assume I can file as dual states in order to get SS taxes and Medicare taxes back with 1040 NR and other paperworks?
Thanks for helps!
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Senior Tax Expert
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Apr 15, 2006, 10:42 PM
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You assume correctly. Dual-status normally does not apply for non-resident aliens converting to H-1 status, but a dual-status return is the only way you can file and still be able to file for a claim to get SS taxes and Medicare taxes back.
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New Member
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Apr 16, 2006, 07:42 AM
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Originally Posted by AtlantaTaxExpert
You assume correctly. Dual-status normally does not apply for non-resident aliens converting to H-1 status, but a dual-status return is the only way you can file and still be able to file for a claim to get SS taxes and Medicare taxes back.
Thanks for your reply! Since I only received one w-2 including the wage during OPT and H1. Do I need separate the wage and taxes for 1040NREZ and 1040 EZ respectively? Can I still have the 5,000 tax treaty in 1040NREZ?
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Senior Tax Expert
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Apr 16, 2006, 10:31 AM
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Yes, you can claim the $5,000 standard deduction under the India-U.S. Tax Treaty if you are from India. Otherwise, no.
You will have to separate out the income under F-1 and H-1B visa status on the Form 843.
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AtlantaTaxExpert and other experts,
Background:
Nationality : India
Y2004
F1(OPT) : 20 days
H1 : 345 days
# of days in US during 2004 : 341
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