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    zathura's Avatar
    zathura Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 23, 2006, 07:11 PM
    OPT -H1 substantial presence test
    I got my H1 on the 7th of aug, before which I was on OPT . Would I qualify for substantial presence test 183 days after the 7th of August to claim $ 5000 as being on f1 I won't be able to claim the same, if I'm right.
    Or is it 183 days during a particular calendar yr?
    Since I am an indian can I claim the $3100 deduction too, which would total $8100 in deductions.
    Do I have the correct info or am I wrong.
    Thanks for your time .
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 23, 2006, 08:40 PM
    Zathura:

    This scenario sounds familiar, as does your moniker.

    The answer is yes. Under the First Year Choice, you can file Form 1040 183 days after 7 Aug 2004 as long as you meet the requirements specified in IRS Pub 519, which can be downloaded from www.irs.gov.
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