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rajjar123
Feb 24, 2007, 03:01 PM
Hi

I know this issue has been address several times in this forum. However, it is very confusing to determine how to file my taxes for 2006. I would definitely appreciate it if some one can help with my case.

I came to US from India on F-1 on August 2 2003. My F-1 Visa expires in July 2008. I graduated in May 2006. For 2003,2004,2005 tax years, I obviously filed non-resident taxes as an exempt individual (i.e. 1040NR-EZ, 8843 using W-2 and 1042-S).

Now in 2006, I graduated and was OPT. My H1B petition got approved on October 1st 2006. However I got my H1B visa stamped only on February 23 2007.

Now I have one W-2(from my university for 2006) and one W-2 (from my current employer) and some 1099 INT forms from the banks that I have savings account. On my 1099 forms there is no income-tax withheld.

I did not take any vacation in 2006, In 2005, I re-entered US on 24th Jan after taking vacation on 11 Dec 2004. In 2007 I was outside US for 2 Days in Mexico.

Now here are my questions.

1. For 2006 tax year, should I fill 1040-NR-EZ and 8843 or 1040A/1040EZ etc? Am I a non-resident or resident for US tax purposes? Can you please explain the substantial prescence test in my case?

2. What happens to 2007 tax (next year) if I leave for 1 month vacation in 2007 under H1 Visa?

3. Is my case dual?

4. If non-resident expempt, can I claim deductions on moving expenses, medical bills etc, car tax etc?

5. If dual status, what are the exact forms that I should fill and what deductions are possible?:confused: .

Thank you all very much in advance.
Raj.

rajjar123
Feb 24, 2007, 03:02 PM
Hi

I know this issue has been address several times in this forum. However, it is very confusing to determine how to file my taxes for 2006. I would definitely appreciate it if some one can help with my case.

I came to US from India on F-1 on August 2 2003. My F-1 Visa expires in July 2008. I graduated in May 2006. For 2003,2004,2005 tax years, I obviously filed non-resident taxes as an exempt individual (i.e., 1040NR-EZ, 8843 using W-2 and 1042-S).

Now in 2006, I graduated and was OPT. My H1B petition got approved on October 1st 2006. However I got my H1B visa stamped only on February 23 2007.

Now I have one W-2(from my university for 2006) and one W-2 (from my current employer) and some 1099 INT forms from the banks that I have savings account. On my 1099 forms there is no income-tax withheld.

I did not take any vacation in 2006, In 2005, I re-entered US on 24th Jan after taking vacation on 11 Dec 2004. In 2007 I was outside US for 2 Days in Mexico.

Now here are my questions.

1. For 2006 tax year, should I fill 1040-NR-EZ and 8843 or 1040A/1040EZ etc? Am I a non-resident or resident for US tax purposes?. Can you please explain the substantial prescence test in my case?

2. What happens to 2007 tax (next year) if I leave for 1 month vacation in 2007 under H1 Visa?

3. Is my case dual?

4. If non-resident expempt, can I claim deductions on moving expenses, medical bills etc, car tax etc?

5. If dual status, what are the exact forms that I should fill and what deductions are possible?:confused: .

Thank you all very much in advance.
Raj.
I also forgot to ask this question - Should I declare my interest on savings as part of my gross income?

Thanks,
Raj

AtlantaTaxExpert
Feb 25, 2007, 12:30 AM
Raj:

Question answered in other forum.