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riktherude
Oct 10, 2007, 07:00 AM
I just began a H1B worker's visa, moving from an F-1 student. I'm not married, and I'm in the US for most of the year. What form should I file? (I used to file 1040NR-EZ). I'm confused because the SPT seemed to indicate that I should file a resident tax form if I was in the US for most of the year (even though my visa is non-resident).

Thanks,
Rik

AtlantaTaxExpert
Oct 12, 2007, 09:43 AM
Rik:

If you spend just ONE day as a F-1 student in 2007, you CANNOT file as a resident alien for 2007 unless you are married before the end of the year.

If you are still single at midnight on 31 December 2007, you will file as a dual-status alien, a tax return that should NOT be filed by a lay person. You need to use a tax professional who is familiar with dual-status tax returns. They are NOT easy returns to prepare and must be filed manually (no electronic filing).

If you need professional help, contact e at the email below.