FICA Taxes Withheld

[naazneen]

Hi,

I am working on F-1 Visa since 2023 January and my Employee has refused to refund my FICA taxes and has asked me to apply to IRS to get it back. I still havent applied it yet for 2023. In 2024, I was on F-1 visa from January to September and then i moved to H-1B visa from October to December. Now, is there a way i could get my FICA taxes for the first 9 months of the year? I was told i cannot file Form 843 if im filing on 1040 as im on H-1B since October 2024? Could you please provide some advice. Thanks!

[DaveF1006]

For 2024, you were exempt from January to December.  From October, your residency period began, but it isn't 183 days (because most of the year you were exempt). You don't meet the substantial presence test for 2024, so you will file as a nonresident alien for 2024. ‌For tax year 2025, you will be able to file as a resident alien.

TurboTax does not prepare 1040 NR returns but our affiliate at Sprint Tax does. Contact them here for further information.  

You won't be able to use Form 843 for a refund of FICA Taxes. There may be an amendment procedure to get that money back. Sprint Tax should be able to help you in this manner.