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    luby's Avatar
    luby Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Apr 14, 2006, 07:21 PM
    Help! Federal income tax for F-1 OPT
    Hello,

    I was on F-1 visa for the first half of 2005 and F-1 OPT for the second half of 2005. I've been in U.S for 8 years. Shall I file 1040NR or 1040NR-EZ?

    Thanks for your help.
    Luby
    lf1017's Avatar
    lf1017 Posts: 3, Reputation: 1
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    #2

    Apr 14, 2006, 09:28 PM
    I think should be 1040 or EZ.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 14, 2006, 10:45 PM
    Yes, the 8-year stay dictates that you should file Form 1040, 1040A or 1040EZ.

    You are not eligible to file Form 1040NR or 1040NR-EZ.
    ARPINUSA's Avatar
    ARPINUSA Posts: 1, Reputation: 1
    New Member
    		  
    #4

    Feb 11, 2008, 09:08 AM
    I was on OPT last year till oct and from then on H1B... so there are 2 W2 forms for year 2007.
    Which Fed forms I need to file?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 25, 2008, 11:08 AM
    Form 1040NR-EZ or 1040NR. You will file as a non-resident alien.
    rrushano's Avatar
    rrushano Posts: 1, Reputation: 1
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    #6

    Feb 25, 2008, 08:36 PM
    Quote Originally Posted by AtlantaTaxExpert
    Yes, the 8-year stay dictates that you should file Form 1040, 1040A or 1040EZ.

    You are not eligible to file Form 1040NR or 1040NR-EZ.
    Hi -

    I've been in the US on F1 for 5 and a half years, and now I'm on my OPT. Do I need to file form 1040 or 1040NR?

    Thanks in advance for any guidance.
    vaya's Avatar
    vaya Posts: 55, Reputation: 1
    Junior Member
    		  
    #7

    Feb 26, 2008, 09:05 PM
    You been in the US for any part of more than 5 calendar years. That makes you a US resident for tax purposes and you need to file 1040.

    Vaya
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Dec 21, 2009, 11:44 AM
    Actually, it is NOT that simple.

    Students who are in the U.S. for longer than five years CAN retain their non-resident alien status if they can show a "closer connection" to their home country. It requires that they file Form 8843 with the non-resident alien tax return (Form 1040NR or 1040NR-EZ), plus provide proof of the "closer connection" by also filing Form 8840 each year beyond the five-year period that is the norm for students on a F-1 visa.

    Further, any "closer connection" argument will be immediately invalidated if you apply for a H-1 or H-1B or any other type of work visa, or if you file jointly with a spouse who is a U.S. citizen or resident alien.
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