I heard that we can claim samajik surakchya tax and medicare tax if u are in OPT. i asked my employer but they are not quite sure about it and they hesitated to help me. I have been in US for complete 5 years. can i fill out form 843 and 8316? do i have to be a nonresident alien to be eligible? i think i am a resident alien but dunt know for sure. is there a easier way to find out? i dunt know what to do next. help me guys.

As an F-1 student (or family member), you were exempt from the substantial presence test for determining U.S. tax residency for the first five calendar years you were present in the United States.

You will be considered a U.S. resident during the current calendar year for tax purposes if you meet the substantial presence test.

To meet this test, you must be physically present in the United States during a period you do not hold an A, G, F, J, M or Q visa on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the previous two years, counting:

• 
  

  All the days you were present in the current year, and

  
  
• 
  

  1/3 of the days you were present in the first preceding year, and

  
  
• 
  

  1/6 of the days you were present in the second preceding year.

If you have already spent five calender years on F visa, then you are anyway a resident alien for tax purposes.

Consult with Bhandari Tax Service in Wichita,Kansas.

As i tried to efile  i was categorized automatically for 1040A(resident alien). Since i am a resident alien i am not eligible to claim it. anyways thanks for the post arrogant.

You can go file either way: as Non Resident Alien and request your SS return or file as Resident Alien ( if you been in US for 5 years). But i think your return will be higher If you file as Resident Alien if you already in US for 5 Years.

Thanks

US

OPT's do not have to pay SS and medicare tax. All my friends in OPT and me myself did not pay those taxes during OPT period.