I had filed joint tax returns with my husband as resident aliens for tax
year 2006 and 2007 ( I am F1 and my husband is H1). In 2008 I worked on OPT
status and the employer withheld my FICA tax. The HR person mailed me a
check for FICA refund today. He said I do not need to pay the FICA tax since
I was NR myself in 2008 even I have the option to file jointly with my
husband as a resident alien for 2008 tax return. Is it correct? It is too
good to be true.
