[goel.lalit]

Hi,

Could you please take a look at my story and offer suggestions?

I came to the US in Aug 2007 on F1. I worked on OPT from Sep 14, 2009 to Sep 30, 2009 after which I have been working on H1B. My company erroneously withheld Social Security and Medicare taxes for the time that I was on OPT. My tax consultant filed form 1040 for my 2009 tax return. While filing my 2009 tax return, my consultant said I should first try to get the refund of the withheld income from my employer and if that does not work out, I could always file form 843. It turns out my employer is not able to help me and I have to go the 843 route. Do you think it is possible to get the refund? Everywhere I read, it says only Non-residents can claim that refund.

Please let me know what you think is the best way to file a claim. The refund is important to me because these taxes were also withheld from my relocation which makes the whole thing worth it.

Thanks !

[AtlantaTaxExpert]

To get the $620, you must FIRST amend the 2009 return to convert it back to a non-resident alien return (Form 1040NR or 1040NR-EZ). If you were married in 2009 and filed jointly, this is NOT an option, because filing jointly is an irrevocable decision.

However, if you were single, you can amend the return to correct the error, because the tax consultant filed your 2009 INCORRECTLY if you were single.

Once the amendment is process, then (and only then) should you file the Form 843 and 8316 to get the FICA refund.

[MukatA]

On F1 you are nonresident for 5 years. You filed resident tax return for 2009 so you will not get back the social security tax.