i was on f-1 opt from 1/1/2008 - 10/1/2008 at which date my h1-B status became valid. it is still less than 5 years since I have been in the us. my questions are:

1) am i correct in asuming that i can to file 1040nr-ez, 540nr(short) and 8843 for 2008?

2) also, can i still claim $5000 from my wages exempt from taxes (under us-pakistan tax treaty) even though i was not a full-time student throughout 2008 but was working for a us company?

3) i have been filing 1040nr-ez in previous years too except 2007 where i erroneously filed 1040 and am filing amendment. After I file the amendment for last years error, do I list 1040 or 1040nr as the form used in 2007's taxes in the space on 2008's 1040nr-ez?

thanks,

capkguy

Thanks IntlTax. I guess I don't have the amount exempt. One last question:

Am I eligible for the standard deduction? If so, how do I enter that in form 1040NR-EZ?

Thanks,

AtlantaTaxExpert

IntlTax:

IMHO, that is a rather narrow interpretation of the treaty. Since three-fourths of the time in 2008 was as a student, I believe that he could claim the treaty exemption provided he earned AT LEAST $5,000 during the student period. That is the standard I apply when applying treaty exemptions during a transition year.

IntlTax

ATE, you may be right. In re-reading the treaty, I can see how it could be interpreted it to mean solely as a student for a portion of the year. There seems to be no commentary anywhere on this treaty. Perhaps it would be reasonable to take the $5,000 exclusion.

mbshah

Hi,

I was on OPT from 22 sept 2007 to 30 sept 2008 and then on H1 since 1 Oct 2008. I am working in the same company since then. I would like to ask

1) Which Tax Forms do I need to fill in order to file 2008 Tax Return. (Since my Status Changes from OPT to H1-B). Also I have NOT left US in 2008.

2) Do I need to FIle Form 1088 or 1080 for my OPT Status.

3) Also I Did not file my Tax returns in 2007. I want to file my tax returns for 2007 also.
In 2007 I was a Student and then on OPT in 2007. Will I be Eligible for the $ 600.00 Tax Stimulus Rebate for 2007 as I there is an article that for the people wh did not get Tax Stimulus Rebate in 2007 can Claim it in 2008.

4) Is there two different Standard Deductions for different Forms whichI need to File.