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Feb 26, 2010, 04:13 PM
I am an international student with F1 visa here in USA since 2007. I graduated with my BS degree in June 2009 and I've been working on OPT since August 2009. I have my W2 from my employer. I lived in New York State throughout the whole year 2009.

1. I know I should file 1040NR-EZ form for federal income tax purpose but I am confused on the state tax side. Am I considered Non resident or Resident for NYS tax purpose? I know the following fact for sure but it confuses me since I was an undergrate student (F1 status) but not a full time student.

Fact. All Full time undergraduate students are considered Non-resident. Graduate students can be either non resident or resident depending on how long they lived in the state.

MukatA
Mar 1, 2010, 10:38 PM
1. File Form 1040NR-EZ and Form 8843. 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)
On NY tax return, you are resident since you live in NY.