Hi,

I would really appreciate your answers to a couple of my questions.

Here is my background with regards to my visa status and presence in the United States:

Aug 2006 to Feb 2008 - F1 Student
Jun 2008 to Sep 2008 - F1 student working on OPT
Oct 1st 2008 to Current - I am on H1 visa

I want to file my 2008 returns as a resident alien instead of non-resident because as a resident alien I will become eligible to receive Recovery Rebate Credit ($600).

1. Will the IRS give the recovery rebate credit to me given that I will be making a First Year Choice and filing the returns after Apr 15th 2009 (but before Oct 15th 2009)?

2. When (what date in 2009) will I become a resident alien? Apart from a 3 -week period between (Dec 25th 2008 - Jan 17th 2009) I have been in the US on a H1 visa on all days between Oct 1st 2008 till today and will most likely be in the US on all days in 2009.
Should I be counting 1/3 the number of days of my presence on H1 visa in 2008 and all days of my presence in 2009 till I clock 183 days?

Thanks in advance!

If you are single, you can only file nonresident tax return. You will not get recovery rebate.

If you are single, you can only file nonresident tax return. You will not get recovery rebate.

So, are you saying that I will not able to make a first year choice because I am single OR I am not eligible for recovery rebate because I am single?

Btw, the rebate calculator on IRS website does show that I will be eligible if I file with a 1040A.


Thanks!

You are NOT eligible for the RRC because you are a non-resident alien for 2008