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desert03
Feb 6, 2009, 09:49 AM
Hi !
I have been working on my OPT for almost a year now and just got my W-2. I know I should file a non-resident form but I am just not sure if I can claim the 5000 dollars tax exemption to Pakistani students or not. Technically I am still in F-1 visa but have worked for almost a year? I just want to clear out if I still will be claiming all my student benefits or not?

Thanks in advance for any help.

MukatA
Feb 7, 2009, 05:01 AM
On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your OPT income you will get deduction based on tax treaty between the U.S. and your country. 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)

AtlantaTaxExpert
Feb 11, 2009, 03:19 PM
Even though you were working on OPT, you were STILL considered to be a student, so claim the $5,000 treaty exemption.