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    pdrklr's Avatar
    pdrklr Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 22, 2010, 10:45 AM
    Opt social security tax
    I am currently working under my OPT and in 2008 filled my taxes as a resident (I worked in the US under CPT for 3 months in between my first and second years of school). I went to school in CA and worked during the summer in NY.
    However, my W-2 says that no Social Security was withheld by my employer in 2008.
    I started a new job in September/2009 (under the OPT) and my employer has been collecting Social Security.

    I have a couple of questions to whoever can help me here at the forum:

    - Should I do my taxes for 2009 as a resident or a non-resident? I was told that if I do as a non-resident, I will receive back much less than I would receive as a resident.

    - If I do my 2009 taxes as a non-resident, can I claim a refund for the social security withheld?

    - Going forward, should I ask my employer to stop collecting social security?
    - My employer is applying for an H1B for me.

    - In 2008 I filled tax returns I CA and NY. Should I do the same for 2008?
    - I lived part of 2009 in CA and the other part in NY.

    Thank you,
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 22, 2010, 08:27 PM

    On F-1 you are nonresident and must file nonresident tax return and Form 8843 for 5 years. In 2008, you filed resident return instead of nonresident tax return. You may need to amend your 2008 tax return.

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