[flymanansh]

I am from P.R.China and was working in a university on F1(OPT) till June 30 th 2008. Then I continued to work in the same university and my status was converted to H-1B on July 1st 2008. My question is that I belong to Dual-Status alien for 2008? Another questions is that I only got a W-2 from the university. If I am a dual-status alien, I need to file form 1040 for the part of resident (H1B) and form 1040 NR or NREZ for the part of non-resident(F1)? I only have one w-2 form and I need to figure out how much money were earned in the period of F1 and how much in H-1B by myself to fill out those forms?

Thanks.

[MukatA]

On H1-B your income is subject to SS tax and Medicare tax while on OPT is it exempt. So amount is Box 3 of W2 should be your H1-B income and balance is OPT income.

[flymanansh]

Thank you MukatA. For state tax return, do I need to file both forms for non-resident and part-year resident, right?

Thanks.

[MukatA]

No. State rules are different. If you lived in a state even on F1, you are resident or part year resident. You will file only one Form.