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tree81
Jan 15, 2008, 07:54 AM
hello,
I am in doubt as to what my residency status is for filing tax returns for 2007.
I was on OPT from Jan 1st 2007 to september 30th 2007
Ever since October 1st 2007 i have been on H1B visa?
I am filing as single.
Kindly help me out,
thank you
Srikanth kapali
AtlantaTaxExpert
Jan 15, 2008, 10:26 AM
Mr. Kapali:

You will file as a non-resident alien, filing Form 1040NR or 1040NR-EZ, depending on whether you moved when you switched from OPT to H-1B status.

If you need professional help, contact me at the email address below.
MukatA
Jan 15, 2008, 11:04 PM
Yes, you still file as nonresident for 2007. You will get exemption deduction and standard deduction (as per tax treaty between India and U.S.).
If you remain on H1-B during 2008, you will file as resident.
Your Opt income is exempt from FICA taxes. During H1-B, you will pay FICA taxes.
tree81
Jan 31, 2008, 10:51 AM
will i have to file form 8843 along with 1040 nr?
please let me know asap.
Thank you
AtlantaTaxExpert
Feb 1, 2008, 02:34 PM
Yes, Form 8843 is required ONE LAST TIME!