Hello,

This is my case:

01.02.05 to 03.20.05 ---> F1 (OPT) Working for Company A in NY (Federal & State taxes withhold)
03.23.05 to 09.31.05 ---> F1 (OPT) Working for Company B in CA (Federal & State taxes withhold)
10.01.05 to 12.31.05 ---> H1 Continue Working for Company B in CA (Federal & State & Social Security & Medicare taxes withhold)

I came to US on Dec. 2000. I'm single , not from India, have filed "1040NREZ+8843" for 2004 and before.

My questions are:

1 - I do not pass time test, cause I was in OPT for 273 days and on H1 for 92 days (2005).
But I came/was in US since Dec. 2000. Does 2005 is also counted towards 5 years? If yes, then am I R?
So how should I file? as R or NR or Dual-Status or 1st year choice?

2 - If I have more than 1 option, which one will give me higher refund?

3 - Should I file 8843 as well?

4 - Should I file both NY & CA state returns?

5 - What deduction are avilable for me?

6 - Do I need to get two separate W2 from Company B (since I was on F1 partially with no SS & medicare tax and then on H1 with all taxes paid) or 1 W2 is ok?

Thank you all for your help & advice!!!

MA

AtlantaTaxExpert

Chenzfi:

Social Security and Medicare tax withholdings have no effect on your income tax computation. They are separate, flat-rate taxes. As for having to pay $200, that is actually a good thing! Remember that a tax refund is an interest-free loan to the government!! Proper money management principles state that you should only withhold enough to pay the bulk of your taxes, then make final payment with your tax return which you mail on 15 April 2006.

Yes, as long as you are a student, you can claim the Chinese treay exemption.