Tax return when filed COS H4 to F1

[SKDS160]

Hello,

I would like to request some help on my tax related question. I came to United Status in Feb'15 on H4 status. I applied a H4 to F1 change of status last year and it was approved in Aug'17. I worked on CPT last year and currently I'm working on OPT. My employer has deducted social security and medicare taxes from my pay since August last year.

My spouse is on H1 and we filed taxes as Married filing jointly for 2015 and 2016. I would like to understand how should I file my returns for this year being on F1 since Aug last year. Can I claim social security and medicare taxes on my return?

I am sure many other people have been gone through similar situations. Any help or experience will be really appreciated.

Thank you.

[inadmissible]

You are entitled to non-resident alien tax treatment for the period you are in F-1 status.

If your spouse (a US tax resident) files MFS for TY2017, you can file part year resident MFS and part year non-resident. Nevertheless, the math might work out better if you and your husband instead just file MFJ, electing to treat you as a tax resident for the purpose of tax filing. (that is an election available to tax residents married to non-tax-residents). It certainly would reduce your tax return preparation burden

If you and your spouse plan to live here for the long term (getting PR, etc) you shouldn't necessarily consider social security & medicare taxes to be a waste. These federal insurance contributions entitle you to benefits you will potentially receive