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tuhin
Mar 29, 2007, 08:44 AM
Hi

I am Indian citizen and come to US as a student on Aug 2002. I was working from Jan 1- 31 ,2006 in OPT. Then from Feb 1 ,2006 - Dec 31 2007 in H1 B visa.

As i am a Dual Status Alien, I have few questions:
1) Whether can I claim standard deduction under article 21(2) for indian citizen?
2) Whether can i file as a Resident alien ie 1040 forms - using First Year Choice? If so which will be more beneficial First year Choice or Dual Status Alien?

Thanks in Advance

Tuhin

AtlantaTaxExpert
Apr 3, 2007, 03:43 PM
1) Yes.

2) You can file as a resident alien ONLY IF you are married and you file jointly with your spouse.