F1 Visa but left USA

Forum|Forum|1 year ago
November 4, 2024
4 replies
29 views

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?

Not A Product Question

Opus 17

Level 15

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.

@pk12_2

shreyanshbothra1217Author

Level 2

@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?

Opus 17

Level 15

@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