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100union
Mar 16, 2008, 01:30 PM
Hello,
I changed from F1 OPT to H1b status in October 2007. My company also initiated a PERM application towards residency on my behalf. What form I should file for my federal income tax return ? Do I still qualify for 1040 NR ? Can I file 1040 NREZ?

Help is much appreciated,

Mahesh

The Texas Tax Expert
Mar 16, 2008, 01:46 PM
How long have you been on F1? Assuming you've not exceed the time, you will still be NR for 2007.

100union
Mar 16, 2008, 06:08 PM
Thanks Texas Tax Expert,
I have been on F1 from August 2004 to September 2007, including one year of OPT. I don't know what the time limit for NR is, is that within the limit?

-Mahesh

The Texas Tax Expert
Mar 16, 2008, 06:30 PM
You should file a 1040NR -- you are a non-resident for 2007.

100union
Apr 10, 2008, 11:14 PM
Hello,
Another quick question - one of my office colleagues told me that I should file with dual tax status for 2007. But looking at the tax form instructions, Im not quite sure that I should.

I want to file correctly keeping in mind that I have initiated the green card process this year.
Please enlighten.
Thanks

MukatA
Apr 11, 2008, 05:13 AM
No you did not complete 183 days on H1-B so for 2007 you will file nonresident tax return with Form 8843.

In 2008 you will file resident tax return

The Texas Tax Expert
Apr 11, 2008, 05:21 AM
Your colleague is not correct. You are not dual status. You may be in a position to elect dual status but this is generally not a good choice.