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

How long have you been on F1? Assuming you've not exceed the time, you will still be NR for 2007.

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

You should file a 1040NR -- you are a non-resident for 2007.

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

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

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.