Background:
1. I'm on OPT with F1 Visa and stay in U.S. for more than 5 years (2012-2015, 2017-Present).
2. I have proof makes me still be the non-resident alien under the "The Closer Connection Exception to the Substantial Presence Test for Foreign Students" rule of the IRS.
3. I plan to apply H1B (work visa) this year.
Currently, I need to fill W4 form for 2020.
Because the exception rule is only valid for students, I may not be eligible for it if I get my H1B.
My questions are:
If I fill the W4 form as NRA now, and I'm no longer the student in October, what should I do in the tax season of 2021?
If I fill the W4 form as RA now, can I get my money, FICA, back for the specific period (present-September) in the tax season of 2021? If yes, how to get it?
Thanks!
Once you receive your H1b, you no longer have a closer connection to your home country.
You can change your W-4 form any time during the year. I would complete it as a nonresident now and then change the W-4 form to reflect a resident status once you receive your H1b visa.
Thank you! Then should I make up all the FICA of Jan-Sep 2020 in 2021 tax season as my visa status has changed in Oct?