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    taxconfusion's Avatar
    taxconfusion Posts: 1, Reputation: 1
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    #1

    Feb 15, 2008, 08:01 AM
    F1-OPT and residency status
    Hi:

    I have been in the US since 2001 August.

    For the year 2006, I filed the 1040 and filed jointly with my husband (who has been in the US since 2000). Both of us were on F1.

    For the year 2007, I was on F1-OPT and my husband was on F-1. My SSN and medicare taxes were withheld for 2007. Will I be able to claim it back. Also will I be filing as a full-time student if I was on F1-OPT (but working) the whole of 2007.

    Also now that I filed the 1040 for 2006, can I file 1040-NR for 2007 ?

    Would appreciate help on this...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 29, 2008, 12:53 PM
    The exempt status that is granted for the F-1 visa expired for YOU on 31 December 2005 and for your husband on 21 December 2004.

    You were BOTH resident aliens in 2005, 2006 and 2007 and fully liable to pay Social Security and Medicare taxes. Requesting a refund of these taxes from the IRS would, In my opinion, be a waste of time.

    For 2007, file Form 1040, 1040A or 1040EZ, but NOT 1040NR.
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