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ksharma1978 · May 2, 2006, 09:55 AM

Hi Expert,

My SS and medicare taxes were withheld by my employee while I was doing optional practical training and my status was non-resident alien from Jan 1 2005 - Sep 30 2005. From Oct 1 onwards my visa status changed to H1B.

That means I should be asking for refund of those withheld taxes UNTIL Sep 30, 2005, is that correct ?

AtlantaTaxExpert · May 2, 2006, 05:03 PM

Yes, that is correct.

Download IRS Pub 519 from Internal Revenue Service and read pages 45-47 for the process. The Form is Form 483.

geli07 · May 10, 2006, 08:47 AM

I was in the same situation and filed with the IRS. I included all the paperwork that the Publication 519 asked for on p.46. However I got all my paper work sent back to me because I had forgot to file one form. Apparently IRS now reqires another form, namely Form 8316 to be filed as well.

I hope that helped!

ksharma1978 · May 11, 2006, 09:18 AM

Hi Atlanta expert,

The instructions for "refund of SS and medicare taxes" say that I need to send a copy
1. I-94
2. Copy of VISA

Questions
1. My latest I-94 is the one that I got when entered US on H1B. Shall I send the latest I-94 or the one I got when I entered on Student Visa ?

2. Also should I send the Visa copy of H1B (my current status) or copy of my Old student visa stamping ?

AtlantaTaxExpert · May 14, 2006, 07:22 AM

Send BOTH Forms I-94 and BOTH copies of the H-1B and F-1 visa. You want to provide an paper trail that shows when you converted from F-1 to H-1B to show that your calculations are valid.

ksharma1978 · May 16, 2006, 01:31 AM

Hello Sir,

Thanks for your response. Just my last set of doubts -

I worked for 2 separate employers during my OPT (both withheld SS taxes in error and can't refund now) and hence I have two W2s ,one from each employer with separate EIN i.e. Employer Identification number (Box be in W2 form). Now this form 843 has a SINGLE field for EIN, so does that mean I should fill separate 843 for each employer ? At the same time form 8316 has employer specific questions (e.g. why did employer refuse to refund) so looks like 8316 has to be filled separately as well.

Just wanted to confirm with you before filing separate 843 and 8316 for each employer...

Regards
Kapil

AtlantaTaxExpert · May 16, 2006, 05:24 PM

Kapil:

The best option to go is to file separate Forms 843 and 8316.

BTW, the Form 8316 is required if you cannot get a letter from your employer stating that they refuse to refund the SS and Medicare taxes. But I was negligent in not pointing that out, so I am glad Geli07 pointed that out.