[tommy76]

Hello,
It is about to filling the tax form again. I am confused how to do it this time because of my VISA changing.
I got my degree this May, started a job under OPT since March and changed to H1B Visa from Oct 1st. I have been in the state more than 5 years already. A few questions confuse me:
1 My employer deducted Social Security from my pay check when I works using OPT. Can I ask IRS for refund at least for March-September?
2 Am I eligible for $5000 deduction for international students due to the treaty between US and my home country?
3 Do I have to pay the tax for the interest earned from saving account?
4 What forms I need to fill out this year?
Thank you a lot
Tommy

[AtlantaTaxExpert]

Tommy:

1) If you arrived in the U.S. in 2003 or earlier, then you were a resident alien for 2008. That being the case, your employer correctly withheld the Social Security (and probably Medicare) taxes from your salary while on OPT. You are NOT entitled to a refund.

2) Negative; your are a resident alien. However, you CAN claim the $5,450 standard deduction.

3) Yes.

4) Probably Form 1040, though you may be able to file Form 1040A or 1040EZ.