Is there any change in the policy of the US Govt that will enable H1 B visa holders from India who have returned home after working six years on the H1B visa a refund of the social security taxes they paid while they were working in the US ?I was advised four years ago that it is an amount that I must forget but recently some progress was made according to this news report - H1B visa social security

I am not asking whether the refund will be made available immediately but the question is will it be available at all or when the individual reaches the age of 65 in India ?

So my case is a little different as I have actually spent 10 years in the US. Fours years on a F1 visa (where I presume I paid taxes) and 6 years on the H1 B visa. So I would appreciate the answer being specific to my case as opposed to a generic answer.


As far as I can tell, the rules have not been changed as of this time.

See: http://www.americanbazaaronline.com/2015/10/15/us-rejects-indias-claim-in-talks-on-totalization-pact/

And: https://www.irs.gov/Individuals/International-Taxpayers/Totalization-Agreements

Anything is possible in the future.

  • @gansub - I'll make sure that it is. – Joe Strazzere Feb 15 '16 at 2:26
  • there was a time sometime back when the social security was threatened because the Govt did not have enough money ? Is that accurate ? Does the Govt invest in private companies or is SS only stored as bonds ? – gansub Feb 15 '16 at 3:13
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    @gansub - No, the government always has enough money. The Social Security fund as currently set up and funded is expected to last through 2035, after which it could still pay out at least 75%. It wouldn't take huge changes to make the fund solvent well beyond that. Based on past experience, I'd expect politicians will likely make such changes at the last minute. I'm not worried. – Joe Strazzere Feb 15 '16 at 11:13
  • one big mistake I made was not reclaiming the social security refund that I paid as a student. It was not a lot but it should have not been something I overlooked. – gansub Feb 15 '16 at 11:17
  • @gansub - thank you for your contribution. Once I start collecting my own benefits, I'm sure I'll appreciate it. – Joe Strazzere Feb 15 '16 at 11:18

These seem changed now from April 2016. Your payments abroad section 5 is split as 5(a) and 5(b). Earlier there was only 5(b) for India where only dependents and survivors were getting the pension. Now the worker himself can also get the pension even as an Indian citizen after 62 yrs and after 40 quarters contribution

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