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    Hannah85's Avatar
    Hannah85 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 7, 2011, 05:48 PM
    Opt fica tax
    Hello there,

    Please help me out here!
    January 2010 through December 2010 I have paid my FICA taxes working on OPT; my F1 visa/OPT has expired in January 2011. Just recently I have applied for green card throgh marriage but have no adjustments made to my status yet. I have been in US for less than 5 years.
    Am I eligible for FICA reimbursement? Can I get paid FICA back?
    Thank you very much!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 9, 2011, 04:43 PM
    Yes, you ARE eligible for a FICA tax refund for 2010.

    However, the IRS requires that you first TRY to get the refund from your employer.

    If they say no, get a refusal letter from the employer, then submit Forms 843 and 8316.

    If you need professional help, email me at [email protected].

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