Social Security & Medicare deduction while transfer from F-1 to H1B

[gauravhawk]

I was on OPT till Sep30, 2010. My H1B started on Oct 1, 2010. The last paycheck during my F-1 status was for period Sep 20, 2010- Oct 2, 2010. I understand that my SS and MC taxes should not get deducted while I was on OPT (F-1 status). MY employer deducted SS & MC taxes in this last paycheck during F-1 status, Sep 20, 2010 to Oct 2, 2010 but I think that they should only deduct it for 2 days (Oct 1 & 2, 2010) as my H1B started on Oct 1, 2010 and NOT on Sep 20, 2010 and I must get back the taxes for remaining days.

Please confirm if I am correct. And if yes, what is the procedure I need to follow to get the taxes back. I asked my employer on this but they refused to pay it back.

Awaiting response.

Gaurav

[shervin143]

Well, if that was by mistake, then you can get it back when you file your tax returns by the end of the year. Let the tax consultant know this situation and they should be able to help.