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jack li
Feb 4, 2009, 05:49 PM
i used 1040NR for last year, because i change f1 to h1b status, how about this year 2008, i stay in usa for over 300 days, which form i need to use, do i need file as resident or non resident.

MukatA
Feb 4, 2009, 10:10 PM
When did you enter the U.S. on F1? When did H1-B start? What date you left the U.S.?

jack li
Feb 5, 2009, 11:04 AM
Thanks Mukata
i enter usa last five on f1 student visa, my h1b start last july. someone told me i can use 1040for 2008. that way better than use 1040NR. i don't know if it is true, also, how aobut the the state return? i live in new york. what kind of form i need to file, resident or Non resident.
thanks you very much

AtlantaTaxExpert
Feb 10, 2009, 02:54 PM
Jack:

If you entered the U.S. on or after 1 January 2004 on the F-1 visa, you will file as a non-resident alien for 2008, filing Forms 1040NR and 8843 one last time.

If you entered the U.S. on or before 31 december 2003, then you will file as a resident alien, filing Form 1040, 1040A or 1040EZ.