You have to be in US for 5 years then you can clain you are resident alien. or you are holding a H1b visa. CHina and USA has treaty for $5000 exemption for F1 student.and it could not be longer than 5 years.
I was in OPT last year and the 4th year in USA. I called IRS to ask them if I am a resident alien. his answer is NO because I am holding a F1 student visa. check the file carefully, and I think it has the comments about F1 student visa who not belong to Resident Alien. you don't need to pay SS Tax and Medicare Tax.
Because I experienced the same problem as yours, so I kind of know the answer.
But unluckily, my company didn't want to return my SS tax and medicare tax although I have the proof. they thought I am not in TRAINING since I am hired as a full time employee...although I could send forms to IRS to ask the money back anyway, I am afraid of HR lady gave me more trouble for my GC application.so I just gave up. anyway, if you want to stay in US at least 30 years, it would finally refund you. the earlier you pay, the earlier you get it.
I was in OPT last year and the 4th year in USA. I called IRS to ask them if I am a resident alien. his answer is NO because I am holding a F1 student visa. check the file carefully, and I think it has the comments about F1 student visa who not belong to Resident Alien. you don't need to pay SS Tax and Medicare Tax.
Because I experienced the same problem as yours, so I kind of know the answer.
But unluckily, my company didn't want to return my SS tax and medicare tax although I have the proof. they thought I am not in TRAINING since I am hired as a full time employee...although I could send forms to IRS to ask the money back anyway, I am afraid of HR lady gave me more trouble for my GC application.so I just gave up. anyway, if you want to stay in US at least 30 years, it would finally refund you. the earlier you pay, the earlier you get it.
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