TAX Exempt for OPT/H1b visa holder

Question

Mar 12, 2007, 05:10 PM

doya

New Member

Join Date: Feb 2007

Posts: 3

TAX Exempt for OPT/H1b visa holder

I have been working in New York from November of 2005 with OPT visa (F-1) and got H-1 visa in October, 2006.
I was told I should file tax as a non-resident for 2006 but I'm wondering if I can still claim exempt as a student for the time I worked as a OPT holder. (I did not claim it for 2005)
And in that case, which forms should I use?

Please help me!

Answers

Mar 15, 2007, 10:52 AM	#2

AtlantaTaxExpert Senior Tax Expert Join Date: Feb 2005 Location: Atlanta, Georgia Posts: 13,323	You CAN file as a non-resident alien for 2006 because you have NOT met the Substantial Presence Test. However, if you filed as a resident alien in 2005, you filed *incorrectly* and muist fix that BEFORE you file in 2006.

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