H1B -> F1 during 2006: Resident or NR?

gtstudent2006 · #1 Feb 13, 2007, 02:23 PM

Hello, during my stay in the USA, I have filed tax returns for 2 different states (on F1), and also experienced the F1-OPT-H1B transition (again spread across two states) previously.

This time its H1B -> F1 across two states. I need help and well, correct information would do me a world of good. Thanks to everyone who responds to me on this subject.

The complicated scenario is as explained below with questions.
From Jan. - Jul. (mid) i was on H1-B VISA and in Cali. Thereafter I have been a student at Univ. and an F1 VISA holder till the end of the year. I have 2 W-2 statements, one from my company (CA) and one from Univ. (GA). I also have 3-4 1099 (interests accrued from my bank/brokerage accounts).
1. Should I file as a NR or a R for federal?
2. For GA and CA, should I file as a NR or R?3.
3. How do I find the fraction of the total income to be accounted for in each of the stat tax returns?
4. Do I include my 1099 for tax filing purposes if I am filing as an NR/R/dual status?
5. I sold my stock options from "my company" when i left in AUG, 06. If they are not there on the W-2 i received from them, where can I find them and how will I account them?
(in other words, are they already accounted for in my W-2 income box?)

Rgds,
-student

A reply would be highly appreciated.

gtstudent2006 · Feb 13, 2007, 02:25 PM

i forgot to mention that I am single and was out of the country from 14 Jan - 14 Feb 2006.

gtstudent2006 · Feb 16, 2007, 01:17 AM

Thanks for the reply.
I have been an F1 visa holder from 2002 - 2005 (including OPT). I got my H1B in late 2005.
So in 2005, I filed as a NR.

In 2006, I have been on H1B till mid. July. Thereafter I was on F1. I was on H1B in CA and F1 in GA.

Based on my understanding, I should file 1040NR-EZ with "dual status" for federal. I must include the amounts from the 1099 i received. Correct?

For GA, I will file as a NR and include ONLY the amount from the W2 i got from GTech.
For CA, I will file as a part-time resident (have to locate the form) and well, include the amount from the W2 I got from the company in CA. Should I include the amounts in 1099 as well?

I sold the stocks while leaving the company. They have appeared in the W2 i got from the co. Do I need to fill in a spearate form? If so could you please tell me which one?

Thanks a bunch ATLE, you rock

-student