My F1 visa started in Aug 2009, so 5 years ended in 2013 inclusive. 2014 counting 183 days, I would be considered a resident, but my employers exempt me from FICA on the pretext that I was on F1 visa, but did not consider that I would be treated as a resident on my OPT period for 2014.
I am an Indian citizen which also allows me deductions and dependents as a non-resident under Indo-US tax treaty. I have a dependent on F1 visa, and want to claim the AOP education credit.
Is that ok? Not paying FICA taxes and then using turbo-tax software to file as resident? If not, would it be better to pay back FICA taxes and file as resident?
Thank You and please help with what to do.