F1 (opt included) period : 2014 -09-01. To 2017 -09-30.
H1B period: 2017-10-01 to 2017 -12-31
From Substantial Presence Test SPT , I think I’m considered as a nonresident for the tax year of 2017
Since the Social security and Medicare tax was withheld for whole year. I want to get the money back for the period when I was on F1 visa.
Do I need to file dual status or I can just go with nonresident filing?
Do I need two W2 forms , one for F1(opt period ) , the other for H1B period ?
(same company , didn’t change work).
I got a statement from my employer that they withheld my social security and Medicare tax from my paycheck by mistake and I requested a refund from IRS.
Does US-China tax treaty Article 20 apply to my case ? I'm a international student from china
-Based on your information, you can simply file a nonresident on a Form 1040-NR. If you anticipate you will be staying in the US for at least 183 days in the year of 2018 or meet the Substantial Presence Test SPT, you can choose to file as a dual-status alien by making the FirstYearChoice. It is an option. You are not required to do so.