Hi,

I got two W-2's from my employer one for my OPT and one for my H1. I was on my opt for 9 months and then 3 months on H1. My big question is how do I file my taxes, As a student or H1? Is there a different way to do taxes for people who have transferred from OPT to H1.

If you have not completed 5-years on F1/OPT, and are single, then you will file nonresident tax return will form 8843. You will add both the incomes on your tax return. You will get treaty deduction.
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)

Hi,

Thank you for your reply. But I am still confused. By what you have said I have to file my taxes by adding up incomes on both my w-2's? But I can file for itemized deduction for only the amount mentioned in my first W-2(OPT status). Can you please correct me if I am wrong.

Thanks again for you help.

I have a follow up question to my previous one... Isn't form 8843 used to recover inappropriately withheld SSN and Medicare taxes when the person is on OPT?
My SSN and Medicare were not withheld during my OPT timeframe.
They were again properly withheld once my H-1B got into effect from October.

Do I still need to fill this form? Also, my friend told me about a 183 day rule. Is that applicable in my case?

You can claim itemized deductions for expenses incurred in BTH your H-1B and OPT period; there is no restriction.

The Form 8843 is used to validate your exempt status while under a F-1 or J-1 visa.

The Form to recover imporperly withheld FICA taxes is Form 843, one digit less.