Get your taxes done using TurboTax

You should not file a Form SS-8. This form is used to have your employer treat you as employee because he treated you as an independent contractor. 

You would file Form 8919 Uncollected Social Security and Medicare Tax on Wages to report the uncollected taxes.

There is another problem. Because you were on an F-1 Visa you were unable to count the days present in the United States for part of any five calendar years. You were not able to count your days present in 2019 until you received your H1B Visa. 

Because you did not receive the new visa until 10/01/19, you do not have enough days to meet the Substantial Presence Test to be classified as a Resident Alien for tax purposes. 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

You are unable to file a Form 1040 through TurboTax unless you are a citizen or a resident alien. You will need to file a Form 1040-NR for Nonresidents.

TurboTax does not support Form 1040-NR return. You will need to use Sprintax to file a Form 1040-NR return. If you have questions you can contact Sprintax Help for assistance.