Hello,

I came to USA in 2006 and I filed only 2007 tax returns. As I had very minimal income that year I didn't file any tax return for 2006 (my tax return income was $5).

Do I need to apply for 2006 year too? If yes how can I do it now?

In 2007 I used 1040NR-EZ.
I have a question regarding which form do I need to use for tax returns.

I finished my MS in dec 2007 and my Opt started in Feb 2008 and I am on H1B from October 2008.

So, can I use 1040EZ form or do I need to use 1040 NR EZ form?


Thanks

You do not need to file 2006 tax return.
For 2008, if you are single you will file nonresident tax return and Form 8843.

Thanks for your quick reply.

Why can't I use 1040ez form for filing my federal taxes? I have H1B visa and I read somewhere in this forum that if we are on H1B visa we can file our tax as resident alien.

Correct me if I am wrong.

Again thanks for your help.

Hi,

I just checked my residence test in the following site and it says I should use 1040 form

2006... 149 days... F1
2007... 330 days... F1
2008... 365 days... from feb2008 to Sep2008 OPT... OCT2008... H1B
Residency Test - Substantial Presence Test, Non Resident Taxation, Greencard Test - Tax Form 1040 or 1040NR-EZ and 8843, F1,J1 Student Income Taxes, File Form 1040 NR EZ and Form 8843 (http://www.visataxes.com/residency_test.php)

What does it mean?

Thanks

Your days on F1 and OPT are exempt from residency. On H1-B, you did not complete SPT.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)