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    abhi1277's Avatar
    abhi1277 Posts: 22, Reputation: 1
    New Member
    		  
    #1

    Feb 5, 2006, 11:13 PM
    Which tax form?f1-opt-h1
    Hi,
    I am single and frm india.my status n US stay hv been:

    f1-5jan-31 dec 2004
    f1-1st jan 2005-10 feb 2005
    Opt-11 feb 2005-30 sept 2005
    h1b visa-1 oct 2005 till date

    I hv a question about which tax form should I use for tax year 2005 and am I a resident or non-resident alien?also note that I did not pay any tution fee in 2005 but I worked as a student till dec 15 2004 for which I got a pay check in jan 2005 and I hv recvd a w2 form for 2005 frm my univ.

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 6, 2006, 10:18 AM
    Technically, you are a dual-status alien. You can file a dual-status return, which would require that you file both Form 1040 and 1040NR.

    A better alternative is for you to wait until early June 2006, then file as a resident alien under the First Year Choice program.

    Or you can file just as a non-resident alien. Since you are from India on a F-1 visa, you get to claim the standard deduction regardless of how you file. This is not the correct way to file technically, but little is gained by filing dual status and the IRS will normally process the return without comment as long as you file as a resident alien in 2006.
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