• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Winning DV 2009, Can I still claim tax return and medicare from IRS?

K

kritvichu

Registered Users (C)
:confused:I am confused and need some advice if it is possible for me to claim these from the IRS.

After I completed my master degree in the U.S., I worked in the restaurants using my OPT status (optional practical training) during Sep 07-June 08. On March 08, I claimed the tax return of the year 2007 from IRS. I later received the check and cashed it the following month. By that time, I was planning to go back to my country for good and not coming back. I found out that if I do so, I am eligible to claim the security deposit and medicare expenses which were deducted from my salary every month to my SSN (Social security number) account. Basically, these security deposit and medicare are deposited to SSN of individuals, so when they are retired, they can get this money back from the U.S government. The amount is pretty much. I waited for many months and I though I lose the hope to receive this security deposit and medicare refund. Then, on August 08, I came to back to my country for good and it was the next day I found out to be a DV 2009 selectee. Unexpectly, this week I just received the check from IRS about the medicare refund. Should I cash the check or discard it? I claimed this check because I did not plan to stay in the U.S but now since I won the DV, I would prefer going back. Also, my CN number is high. I don't know when is my interview. I am afraid if I am not being called for interview, I will lose the chance to cash the check. Conversly, if I cashed the check, I might lose the chance of getting the visa. Any suggestion? :confused:

Also, can I claim for tax return on the next fiscal year? :confused:
 
Last edited by a moderator:
kritvichu said:
Conversly, if I cashed the check, I might lose the chance of getting the visa. Any suggestion? :confused:

Also, can I claim for tax return on the next fiscal year? :confused:
Click to expand...

How do you know that if you cashed the check that you would lose the chance of getting visa? Cashing your medicare check has nothing to do with getting the DV visa. As far as I know, you should be able to cash in the check with no problem. The only issue is that you won't have any medicare saving and SS left. That means that when you get back to the U.S with your DV visa and start working again, you'll be start collecting medicare and SS from $0 again. It should not be a big deal. There should be plenty of time to save for medicare and SS.

If you are not a U.S Resident or U.S Citizen, you're exempt from medicare and SS. If the U.S Government took the money from your paycheck, they are obligated to give it back to you because you are not qualified to get the benefit from the Medicare and the SS.

Claim tax return on what fiscal year? The one that ends in April 2009? You should be able to as long as you got the W2 from the place where you work. You can always do the tax online. I usually do mine through the H&R Block online. Took only about 15 min and it will be sent directly to the IRS.

I don't know your CN number but if you think your CN will be current before April next year, I would suggest to hold on sending the tax return until you get back to the U.S after you got your DV visa next year. It would make things easier for you and the IRS.
 
Last edited by a moderator:
One more thing. How can you work as a waiter with OPT without being caught by the USCIS? OPT can only be use for jobs that are related to your study. Unless you're majoring in food service in College, I would be very careful on letting the DoS/KCC know about your job working as a waitress. They can charge you for illegally working in the U.S / working without proper permit.
 
As long you are in F1 status you are not required to pay SSN and Medicare taxes. So the refund is yours to keep. Once you get PR you must pay those taxes, however.
 
Hi Gerindo,

Thanks for the advice. Yes, I worked as a waiter using my OPT. I know it is not quite related to my degree but I just worked for a living on my expenses during finding proper job there. Unfortunately, the economics was so bad with high inflation rate. I couldn't find any decent job there before the OPT ended. The job I found couldn't issue me an H1 visa. That was the reason I returned home for good and later found out to be a DV selectee. The past was the past I can't fix it. I know it not proper to work but I saw lots of my friends working there under the OPT while hunting for jobs. During all my F-1 visa, I always maintained good status and my GPA was very good in one of the top 50 university there. With my employment authorization card, I just worked for a living and did not realize it has only to be related to my study field. When I wrote job experience in DS-230, I also wrote my position in the U.S. I guess they might find out at the end. So, does this mean it is over?

Also, the reason I wrote about the question on claiming medical care is because I mentioned I was planning to go back to my country for good in the form. That why the IRS send the check to me. So if I cashed in the check, didn't it mean I not intend to stay in the US?
 
kritvichu said:
Hi Gerindo,

Thanks for the advice. Yes, I worked as a waiter using my OPT. I know it is not quite related to my degree but I just worked for a living on my expenses during finding proper job there. Unfortunately, the economics was so bad with high inflation rate. I couldn't find any decent job there before the OPT ended. The job I found couldn't issue me an H1 visa. That was the reason I returned home for good and later found out to be a DV selectee. The past was the past I can't fix it. I know it not proper to work but I saw lots of my friends working there under the OPT while hunting for jobs. During all my F-1 visa, I always maintained good status and my GPA was very good in one of the top 50 university there. With my employment authorization card, I just worked for a living and did not realize it has only to be related to my study field. When I wrote job experience in DS-230, I also wrote my position in the U.S. I guess they might find out at the end. So, does this mean it is over?

Also, the reason I wrote about the question on claiming medical care is because I mentioned I was planning to go back to my country for good in the form. That why the IRS send the check to me. So if I cashed in the check, didn't it mean I not intend to stay in the US?
Click to expand...

I can't tell if if its over or not. If I were you, I would still go through the DV process and the interview. If the question about your job in the U.S came across, you need to tell the Consular the truth about your situation back then. There also might be a possibility that the Consular might not ask you about the job.

The bad thing that can happen is that you will be denied your DV visa because you work illegally in the U.S. The worst thing that can happened is that you are banned for coming to the U.S because you broke the immigration law. It is a risk that you need to think about it.

I understand how hard it is to find a job in the U.S, even with an OPT Card. I have seen my friend struggles to find jobs until the last minute or before he ran out of money and had to go back home. At least you did the right thing, you left the U.S and not overstayed. There are people out there who insisting on stay in the U.S even after their OPT expired and could not find a job.

As an OPT/F1 visa holder of course you are not expected to stay in the U.S. You are expected to leave the U.S after your F1/OPT is expired. The Intention to move permanently to the U.S did not happened after you requested the check.

If you are really unsure if you should cash in the check or not, I recommend cash in the check as late as possible. Look at the date of the check. Usually a government issued check is good for couple of months (it would say the expiration date on the check). If your CN became current before the check expired, don't cash it in. Bring it back to the U.S after you got your visa and consult a tax expert on how to put the money back into your medicare/SS. But if it looks like your CN will be current after the expiration of the check, it would be your choice to cash it in or not. Like I said before, the cashing of SS/medicare check has nothing to do with the DV process. You have to settle it with the IRS when you get back to the U.S as a Permanent Resident.
 
Last edited by a moderator:
Cash the check, if you have been in F1 for under 5 years in US, you are liable to get the medicare/SSN taxes back. Also, as far as I know, embassies have no connection to IRS, they can't really dig into your taxes or tax refunds, they have to go by what forms and docs you give to them during interview.
As far as DV process goes, as gerindo said, counselor during the interview might make an issue of you working in restaurant with OPT, might not as well..totally depends upon him/her. However, if I were you i would just go for it, you maintained your status, good gpa and yet had a hard time finding proper job that sponsors H1 and you came back. What more do you have to lose now if something goes wrong, you can't ever go back to US(Worst case, highly unlikely). I mean i am sure when you went back to your country after trying everything, you had made up your mind not to come back again right. SO just think of this DV opportunity as nothing-to-lose chance and go for it.
 
Hi, I worked in a payroll dept. before, so the information I am giving you is correct. Your employer was not supposed to take out SS/ medicare taxes since F! students are exempt from paying SS/medicare.

I was a student and I was paying SS/medicare, but was later refunded by the company (after 2 paychecks) because I was exempt from paying those taxes. All my other jobs were the same after that- I did not have to pay SS/med. I am 100% sure that you can cash the check.
See the foll. irs publication, page 26


http://www.irs.gov/pub/irs-pdf/p515.pdf
 
Irs and local embassies

"Also, as far as I know, embassies have no connection to IRS, they can't really dig into your taxes or tax refunds, they have to go by what forms and docs you give to them during interview."

I beg to differ with you levelhead, how do you know that their databases are not linked up (IRS and Consulars)? especially when you have SS# what will make it hard for them to know what u 've been doing?
As for the poster of this thread I also think you have nothing to lose by pursuing the GC. In any case you are already at home and you never expected it anyway.
 
Hi all,

Thanks again for your advice. To be accepted or rejected is all depended by the god i guess. The thing I did not mention earlier is that I am not a principal of DV winner, but my wife is. We've been marriaged for 3 and 1/2years. During my study in the U.S, she followed me as an F-2 visa and never worked illegally. I do not know what will happen when the interview comes. Might She get the visa while I be rejected? or both are rejected? I just wonder how the counsular goes serious on spouse of the DV principal.
 
You must log in or register to reply here.
Top