Ask Experts Questions for FREE Help!
 

Free Answers in 3 Easy Steps

Register Now
3 Steps
 


Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.
  Answer this Question    Ask about Taxes    Ask about another Subject  
 

teena139
Mar 4, 2008, 08:44 PM
Hi,
I was on OPT from Aug 2003 to May 16th, 2007 (F-1 expired on May 16th). I left on May 12th to India and got my H-1 stamped on May 14th. I didn't enter the US until mid June.

My questions
1)Do I qualify to file a dual status return(R-NR)? I was out of the country for 65 days in total in 2007.
2) In the 1040 R should I use my entry date (June 15th) as the start of the "Resident" status or should I use the end date of my F-1 status (May 16th) or when I got my H-1 stamped (May 14th)?
3) In the 1040NR form (dual return statement) on page 5 D,
Type of entry visa is F-1 and current nonimmigrant status and date of change ___________(should I enter H-1 stamp date or entry date to the US).
3) On Pub 517 page 34, there is a sample dual status return (R-NR) in which there is a refund on both forms. Is that the case? Can I claim the treaty exemptions on the 1040NR portion and an itemized deduction on the 1040R and get a refund there as well?
I am single, no kids and from India.

I would really appreciate any help with this...Many thanks.

AtlantaTaxExpert
Apr 18, 2008, 11:55 AM
1) If you exceed 183 days on H-1 status, then, yes, you must to file a dual-status return.

2) Use the date your H-1 visa went into effect.

3) Enter H-1, date H-1 went into effect.

4) Yes, you can STILL claim the standard deduction authorized for F-1 visa holders.