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pdasari · Feb 10, 2010, 07:02 PM

Hi,

I was on F1-OPT starting Feb 15th 2007 - Sep 31st 2007. I worked on OPT from June 2007 to Sept 31st 2007 and later converted to H1B visa and continued working on the same project. I filed as as non-resident for the year 2006. For year 2007, I initially filed as a Resident (Form 1040 A), but when I heard from a friend that I can file for SSN and Medicare tax refunds since my employer did not refund them to me, I filed in an amendment form (Form 1040X along with 1040 NR). The 1040 NR form got approved for the year 2007.

Along with the 1040 forms, I even filed Form 843 and Form 8316 and attached a letter from my employer that mentioned that he did not refund the SSN and medicare taxes back to me. I filed these forms in the month of April 2008 but I have not heard anything from IRS yet.

How long does it generally take for IRS to approve these forms?
Do they get rejected by any chance in my scenario?
I tried calling IRS around June 2008 but they said it might still take time and the representative was not aware if IRS received the forms. Is there any direct number I can call in this case?

Thanks in advance for your help...

pdasari · Feb 10, 2010, 07:13 PM

Very sorry.. I messed up the years. Please ignore my last message (did not know how to delete it... sorry). Here is the right info:

I was on F1-OPT starting Feb 15th 2008 - Sep 31st 2008. I worked on OPT from June 2008 to Sept 31st 2008 and later converted to H1B visa and continued working on the same project. I filed as as non-resident for the years 2006 and 2007. For year 2008, I initially filed as a Resident (Form 1040 A), but when I heard from a friend that I can file for SSN and Medicare tax refunds since my employer did not refund them to me, I filed in an amendment form (Form 1040X along with 1040 NR). The 1040 NR form got approved for the year 2008 (filed in year 2009).

Along with the 1040 forms, I even filed Form 843 and Form 8316 and attached a letter from my employer that mentioned that he did not refund the SSN and medicare taxes back to me. I filed these forms in the month of April 2009 but I have not heard anything from IRS yet.

In short:
Year 2006 - 1040 NR; Filing year 2007
Year 2007 - 1040 NR; Filing year 2008
Year 2008 - 1040A was filed initially but later ammended using 1040X, 1040NR.

OPT term - Feb 2008 - Sep 2008.
Form 843, Form 8316 filed for OPT Term period. (by mentioning the amount I payed for SSN, medicare in this term and attaching paystubs for this term and W2 as proof).

How long does it generally take for IRS to approve these forms?
Do they get rejected by any chance in my scenario?
I tried calling IRS around June 2009 but they said it might still take time and the representative was not aware if IRS received the forms. Is there any direct number I can call in this case?

Thanks in advance for your help...

pdasari · Feb 10, 2010, 08:30 PM

Hi

I just called IRS. They said my request got denied. The representative said that there was no apparent reason mentioned for denial accept for the term denied. He suggested me to submit it once again. I am not sure if it got denied because of a possibility that form 843 was processed prior to processing my amendment form 1040X+1040 NR-EZ.. and thereby considering my initially filed form 1040A.

Can you please suggest me if I need to file it again.
If so, which extra documents do I need to send apart from Form 843, Form 8316 and W2. I have only one W2 for the whole year and part of it reflects my earnings on F1-OPT status and part on H1B status. So do I need to send the last pay stub I got on my F1-OPT status. (Actually sent all these the last time I filed, not sure if it got denied considering my 1040A filing.. or for some other reason. If you have any idea, can you please update me on the other possibilities for denial?)

Thanks a ton... this would help me a lot in deciding whether to file and how to file...

Prathyusha

AtlantaTaxExpert · Mar 4, 2010, 02:55 PM

Prathyusha:

Unfortunately, the submission process is NOT full-proof, and the refunds CAN be denied for no apparent reason. Your best bet is to re-submit and hope for the best.

laolu90 · Apr 15, 2012, 08:55 AM

Originally Posted by pdasari

Hi

I just called IRS. They said my request got denied. The representative said that there was no apparent reason mentioned for denial accept for the term denied. He suggested me to submit it once again. I am not sure if it got denied because of a possibility that form 843 was processed prior to processing my amendment form 1040X+1040 NR-EZ ..and thereby considering my initially filed form 1040A.

Can you please suggest me if I need to file it again.
If so, which extra documents do I need to send apart from Form 843, Form 8316 and W2. I have only one W2 for the whole year and part of it reflects my earnings on F1-OPT status and part on H1B status. So do I need to send the last pay stub I got on my F1-OPT status. (Actually sent all these the last time I filed, not sure if it got denied considering my 1040A filing..or for some other reason. If you have any idea, can you please update me on the other possibilities for denial?)

Thanks a ton... This would help me a lot in deciding whether to file and how to file....

Prathyusha

What number did you call the IRS on?

AtlantaTaxExpert · Apr 15, 2012, 11:22 PM

Try 267-941-1000 (International Tax Hotline)

pradeepv · Jan 14, 2013, 05:45 PM

Any one here got their refund yet.. I am in the same shoes applied for a refund on Nov 6 . Don't have any clue of application status...

Can any one here provide a check list to file with Form 843. Just want to double check if I filed it correctly.

I need to get about a months salary of amount as refund . I am hoping they will refund my money back .

Any info or help is greatly appreciated .

Thanks,
Pradeep

AtlantaTaxExpert · Jan 14, 2013, 05:51 PM

Pradeep:

It is WAY too early to worry about the refund. The M<INIMUM processing time is four months.

You can call the IRS and ask about it in March 2013.

pradeepv · Apr 3, 2013, 01:13 PM

@AtlantaTaxExpert Thanks for the response.

I called up International Tax Hotline @ 267-941-1000 to check the status of my form 843 petition status . The service rep confirmed the receipt of my petition and put an expedition request on my petition and advised me to call after 30 days .

Hoping it(refund) will arrive in next few days.

For any one who's not aware of where to mail the form 843 packet , here's where I sent mine

Internal Revenue Service
Mail Stop 4916
1973 N. Rulon White Blvd.
Ogden, UT 84404

pradeepv · Apr 3, 2013, 01:15 PM

Originally Posted by pdasari

Hi

I just called IRS. They said my request got denied. The representative said that there was no apparent reason mentioned for denial accept for the term denied. He suggested me to submit it once again. I am not sure if it got denied because of a possibility that form 843 was processed prior to processing my amendment form 1040X+1040 NR-EZ ..and thereby considering my initially filed form 1040A.

Can you please suggest me if I need to file it again.
If so, which extra documents do I need to send apart from Form 843, Form 8316 and W2. I have only one W2 for the whole year and part of it reflects my earnings on F1-OPT status and part on H1B status. So do I need to send the last pay stub I got on my F1-OPT status. (Actually sent all these the last time I filed, not sure if it got denied considering my 1040A filing..or for some other reason. If you have any idea, can you please update me on the other possibilities for denial?)

Thanks a ton... This would help me a lot in deciding whether to file and how to file....

Prathyusha

Hi Prathyusha,

Have you already got your refund or still waiting.
Can you please let me know if you got a decision made yet ?

Thanks,
Pradeep

AtlantaTaxExpert · Apr 4, 2013, 11:35 AM

Again, a MINIMUM processing time of four months.

I suggest you call after 15 April 2013, when the rush is over.