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View Full Version : F1 to H1B status on the same year


manojs1234
Mar 24, 2008, 06:58 PM
Hello,

I was on my OPT (F1 Visa) from Jan 07 to Sep07 during which I earned income and on H1B from Oct 07 onwards. I did not paid the FICA taxes during my OPT period. When I tried using software like TaxAct, it does not recognize the change in my visa status and says that I have paid less taxes. Basically it considers me in H1B category from Jan 07 which is not correct. Now I am thinking of doing it manually, but not sure about how to show different visa status in 1040NR form. Can you please help?

Thanks
Manoj

MukatA
Mar 25, 2008, 02:36 AM
If you are single, you will file nonresident tax return. Most software don't do nonresident tax return.
You will report all the income for 2007. For OPT income, you will claim treaty deduction.

The Texas Tax Expert
Mar 25, 2008, 05:03 AM
hello,

I was on my OPT (F1 Visa) from Jan 07 to Sep07 during which I earned income and on H1B from Oct 07 onwards. I did not paid the FICA taxes during my OPT period. When I tried using software like TaxAct, it does not recognize the change in my visa status and says that I have paid less taxes. Basically it considers me in H1B category from Jan 07 which is not correct. Now I am thinking of doing it manually, but not sure about how to show different visa status in 1040NR form. Can you please help?

Thanks
Manoj

It depends on when you first came to the US. If you are still what is called an exempt individual, then you have not met the SPTdividual, and you will not be resident. In that case you should file a non-resident return for 2007.

MukatA
Mar 25, 2008, 05:21 AM
Based on the information provided by manojs1234, he is nonresident for 2007.

The Texas Tax Expert
Mar 25, 2008, 06:03 AM
Based on the information provided by manojs1234, he is nonresident for 2007.

As I pointed out, more information is needed here.