I entered US in 1999 on H4 Visa. I changed my status in Dec 2001 to F1 student. My status changed again in Oct 2005 to H1-B.

I was on F1 status for less than 5 yrs. So I should be filing for 2005 as a non-resident and filing forms 1040NR-EZ and 8843 only. Is that right? If so, am i eligible for the India Tax Treaty and standard deduction of $5000? (I tried using CINTAX and it did not allow me the standard deduction.)

AtlantaTaxExpert

You are correct. Your status change to H-1B is too late to qualify to file as a resident alien, so you must file as a non-resident alien.

You can claim the $5,000 standard deduction authorized under the U.S.-Indian Tax Treaty.

The problem with the CINTAX program has been noted on this forum. The CINTAX program does not do F-1 to H-1B conversions.

dcguy1

Thanks a lot ATE.

AtlantaTaxExpert

Glad to help!