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taxmanrog, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 743
Experience:  Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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If I am on an OPT for the period of January to October, and

Customer Question

If I am on an OPT for the period of January to October, and go on to H1B from October to December,
should I file as 1040 NR? or 1040? and
how can I get back my SSN and Medicare taxes paid during OPT period?
Submitted: 1 year ago.
Category: Tax
Expert:  taxmanrog replied 1 year ago.

Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help! I actually specialize in expatriates and inpatriates, with over 30 years' experience in this area.

The days that you are in the US on an OPT status DO NOT count towards the substantial presence test. So you would be treated as arriving here on the day you got your H1B visa in October. So normally you would file a Form 1040NR.

However, you may be able to make a "first year choice" election if you qualify. This would allow you to report all of your income as a US resident, and use a Form 1040, from October to December. But you would have to meet the residency and presence tests in the following year to qualify.

I hope this answers your questions! IF you have any more, please feel free to ask.

Thanks! Have a great week!


Customer: replied 1 year ago.
I have come here on F1 visa in 2013 and filed 2014 taxes as student on OPT using 1040NR. As an OPT we do not pay SSN and medicare but my employer has deducted those on my pay stub. How can I get those paid taxes back from respective agencies?
Expert:  taxmanrog replied 1 year ago.

This is technically a different question, but I will answer it as I have seen this several times over my career.

Your employer should file amended Forms 941 payroll tax returns. They will get a refund, and they will then pay that over to you. If your employer will not do this, you can file a Form 843, Claim for Refund and Request for Abatement. You can find the information to send with the form here:

I hope this helps! Let me know if you have any more questions.



Expert:  taxmanrog replied 1 year ago.

I have not heard back from you. Did I answer your questions? If so, can you please rate me so that this question can be closed?