rtax1
Returning Member

Married filing jointly (h1b) and F1 visa FICA taxes question

Hi,

 

I am an resident for tax purposes on H1b visa and my spouse is on F1 visa. Last year (2022) we filed taxes married filing jointly as resident. In the current year my spouse earned income through internship on which Social security and medicare taxes were withheld by her employer.

 

Question 1: We wanted to see if my spouse can get refund of social security and medicare taxes? If yes how?

 

Question 2: In the current year can she file as non resident return even though last year filed as married resident?

 

Thanks.