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Home > Money & Services > Taxes   »   OPT -H1 substantial presence test

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Old Jan 23, 2006, 05:11 PM
zathura
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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 wont be able to claim the same, if im 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 .

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Old Jan 23, 2006, 06:40 PM   #2  
AtlantaTaxExpert
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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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