topic F1 Visa but left USA in Get your taxes done using TurboTax

F1 Visa but left USA

shreyanshbothra1217 — Wed, 11 Feb 2026 10:56:51 GMT

Hello all,

I entered USA in 2017 on F1 visa. I was in USA till April 2021 and left for India and never returned back to USA.

Even after leaving USA, I was continuing my job and working remotely from India till April 2022. My taxes(Federal, State, FICA) were witheld and I would like to know how to get that refunded as I was practically not working in US. I would like to file return for year ending December 2022.

My 5 year calender period for F1 visa got over in December 2021, but I had already left USA and even after that my company witheld FICA.

Please let me know:

1. Which tax form to use : 1040 or 1040 NR ?

2. Will I he able to get FICA back as I had already left USA and did not enter USA in 2022 at all ? Which form to file for the same?

Re: F1 Visa but left USA

Opus 17 — Mon, 04 Nov 2024 18:16:55 GMT

It sounds like you probably pass the substantial presence test for 2021. Did you file a 2021 tax return?

For 2022 (and assuming no complications that I don't know about), it sounds like you would file federal and state returns showing zero taxable income, zero tax owed, and claiming a refund of the withholding. For federal, you would file a 1040-NR, Turbotax does not support this. You will need to find a different software provider.

What state was withholding taxes? If you worked in one of the states that applies a convenience of the employer rule, you might have an issue depending on why you moved.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/form-w-2/employer-withholding-state-taxes-work-home/L9222TxH0_US_en_US?uid=m33cbxrh

As far as I know, you don't get the social security and medicare tax back, but you may be able to claim a benefit when you reach retirement age.

@pk

Re: F1 Visa but left USA

shreyanshbothra1217 — Mon, 04 Nov 2024 18:28:35 GMT

@Opus 17 Thanks for the reply.

Yes, I did file tax return for 2021.
So I will go ahead and file 1040 NR.

For FICA refund, can I submit Form 843 and ask for refund?

Re: F1 Visa but left USA

Opus 17 — Mon, 04 Nov 2024 19:01:29 GMT

@shreyanshbothra1217 wrote:

@Opus 17 Thanks for the reply.

Yes, I did file tax return for 2021.
So I will go ahead and file 1040 NR.

For FICA refund, can I submit Form 843 and ask for refund?

Form 843 is the correct form but I don't know if you are eligible. I would like another expert to comment.

https://www.irs.gov/individuals/international-taxpayers/aliens-employed-in-the-us-social-security-taxes

Re: F1 Visa but left USA

pk — Mon, 04 Nov 2024 19:27:08 GMT

@shreyanshbothra1217 --- Namaste Shreya ji

Agreeing with my colleague @Opus 17 for excellent response to your questions/ situation, here is a page from the IRS on how to ask for refund of FICA taxes withheld in error --->

Social Security tax/Medicare tax and self-employment | Internal Revenue Service.

In general , as noted by @Opus 17 , since the work was performed in India , the income is sourced to India and thus US would have no right to tax this ( at least at federal level ). The state where you were resident earlier or where the US entity is registered/located may however disregard the tax treaty and try taxing this income.

The procedure for your "employer" at the time would have been to issue you a 1099-NEC and not withhold any taxes ( federal, State and FICA). The trouble now is that the company books have been closed for two years and it is unlikely that they would be willing to take any corrective actions. Also note that if you did not file a 2022 return to claim the taxes withheld in error, while IRS may indeed refund the taxes withheld but may impose a penalty -- " failure to file".

I am assuming here that you did file a return in India recognizing this income ( for work done for a foreign entity ).

Is there more I can do for you , Shreya ji ?

Namaste