F1 to OPT within the 5-year exemption period, non resident
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blueshades
New Member

F1 to OPT within the 5-year exemption period, non resident

I was on F1 from Aug 2013 to Jul 2015 and on F1-OPT from Sep 2015 to Feb 2017. My status was changed to H1B in Feb 2017. My employer withheld the FICA tax starting from Feb 2017. Do I exempt from the substantial presence test for 5 years (2013-2017)? Can I get the refund of FICA if I file as a non-resident alien?


2 Replies
LinaJ2018
Intuit Alumni

F1 to OPT within the 5-year exemption period, non resident

As a F-visa holder, you are exempt from counting days and treated as a nonresident for  2013-2017.  When you switch to H-1B in February 2017, you become a resident from February 2017 and make yourself a dual-status alien.  While you are a nonresident, you are exempt from paying FICA.  You will start paying FICA after February.  To claim a refund of the FICA you have paid, you should contact your employer.  If you are unable to get a full refund from your employer, you can request the refund from the IRS by filing a Form 843.  For more information, please see  More Form 843 

blueshades
New Member

F1 to OPT within the 5-year exemption period, non resident

Does it mean that if I file as a non-resident for 2017, I can get the refund of the FICA tax from February to December 2017?
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