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    giu's Avatar
    giu Posts: 1, Reputation: 1
    New Member

    Feb 19, 2008, 06:27 AM
    Resident alien, nonresident alien or dual status
    Good morning,

    I arrived in US on Jan 6, 2004 with F-1 visa. I graduated in May 21, 2007. From May 21, 2007 until November 30, 2007 I was with OPT (that is considered still F1) and worked for a company in US. From October 1st until now (2008) I am under H1B visa working for the same company (that sponsored my H1B). I got money from my company from May 2007, and they detracted SS and medicare from my paycheck; I got money as graduate student before that period from public US-University (so in Jan-May 2007) with no SS and medicare detracted. Moreover, I had 1099 INT income for all the 2007 (higher then 1500$) and I bought a condo (from Sept 2007)

    1) Should I fill 1040, 1040NR or dual status (1040 and 1040NR)
    2) Can I ask money back for the SS and mediacare for the period of OPT (F1). If yes, should I ask money back either to IRS or my company?

    Thank you very much
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert

    Feb 19, 2008, 09:44 AM
    If you are unmarried, you file file nonresident tax return along with form 8843. Your deduction depends upon tax treaty between your country and the U.S.
    You don't pay FICA taxes during OPT but you do pay it during H1-B. For nonresidents, the bank interest is not taxable.

    Write an email to employer to refund FICA during OPT. If you don't get refund, then you will file form 843.
    For 2008, you will file resident tax return.

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