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- You can only request a refund of Social Security and Medicare taxes
that were erroneously withheld. You cannot obtain a refund because you
will not vest for benefits.
obtain a refund of erroneously withheld taxes, provide your employer
with facts supporting your status as a nonresident alien in F-1, J-1,
M-1, or Q-1/Q-2 status. If your employer refuses to refund you the
taxes, there is an alternative.
You can submit a Form 843 Claim using the procedures for Social
Security tax refund claims in IRS Publication 519. Form 8316 is a good
supporting document to submit with the Form 843. If the IRS
refunds you your taxes, they will notify your employer to adjust their
Form 941 for their share of the Social Security and Medicare taxes and
to issue you a Form W-2C correcting your Social Security and Medicare
wages and taxes.