[Benji731]

Dear Experts:

I filed Form 1040 last week as I think I should be resident alien and could get the standardize deduction for getting back more refund.
However, I want to ask IRS to refund my SSN/Medicare as well since employer refused to refund it to me.

About myself:
Country: Hong Kong SAR ----Reside in Texas as F1 Visa since the following:
2001: 4.1 Months
2002: 11 months
2003-2007 March: 4 years +3 months
"F1 OPT: 2006 full year "

Question:
1. Am I quailfy as Resident Alien? (want to verfiy from experts)
2. Is there any possibility that I could able to get back my Social/Medicare even I filed 1040 instead of 1040NR?

Please advise!
Benji

[AtlantaTaxExpert]

Benji:

1) Since you arrived in the U.S. in 2001, your exempt status under the F-1 visa expired on 31 December 2005. Hence, in 2006, you were a resident alien for tax purposes.

2) Due to your resident alien status, you cannot get the Social Security or Medicare taxes back under any circumstance.