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rsvh1b
Mar 20, 2010, 10:00 PM
Hi,

First of all thanks for all the wonderful tax advice,esp. for F1/H1B guys.

Previous years':I entered US as an F1 student in 2006.
My OPT started from Nov 1st 2008 and I started working from Dec-2008.
I have filed 1040NR-EZ+8843 for all three years before this(2006,2007 and 2008).

For the year 2009: I work in Oregon.I am single.I was F1-OPT till Oct and from Oct 1st,I have been on H1B.

1) From some of the previous posts,I have verified that I have to file 1040NR-EZ for 2009 also.I just want to get that confirmed.

2) I filed 8843 also last year because I was a student for some part of the year.For the year 2009 I have been an employee only throughout. Do I still have to file 8843 for 2009?

3)For the state tax,since I was in two states for 2008,I filed as a non-resident for both states.For 2009,I have been in only one state throughout(Oregon) and from the instruction forms,it looks like I have to file as a non-resident again(form 40N)

This is what the instruction form says:

Am I a resident, a nonresident, or a part-year resident?
The following will help you decide:
• You are a full-year Oregon resident, even if you live
Outside Oregon, if all of the following are true:
— You think of Oregon as your permanent home; and
— Oregon is the center of your financial, social, and
Family life; and
— Oregon is the place you intend to come back to
When you are away.
You are still a full-year resident if:
— You temporarily moved out of Oregon, or
— You moved back to Oregon after a temporary absence.
You may also be considered a full-year resident if
You spent more than 200 days in Oregon during the
Tax year or if you are a nonresident alien.
• You are a nonresident if your permanent home was
outside Oregon all year.
• You are a part-year resident if you moved into or out
Of Oregon during 2004. You are not a part-year resident
If:
— You temporarily moved out of Oregon, or
— You moved back to Oregon after a temporary absence.
Link-refer pg.4:
http://egov.oregon.gov/DOR/PERTAX/docs/2004Forms/101-045-04PY.pdf

Can anyone confirm this from me.


Thanks,
Hope the replies will be useful for many others who are in similar situation.

rsvh1b
Mar 20, 2010, 10:19 PM
(some more qs)
4) Also,in the 1040NR-EZ for year 2009,it asks visa type.
Should I put in F1 or H1B or F1+H1B?

5) And it asks:
Date when your current Visa was issued(would that be the date my H1b was approved or date since which I have been on H1b or should I put in F1-visa date since I haven't got my H1B stamped yet)

AtlantaTaxExpert
May 4, 2010, 09:52 AM
1) Yes; file Form 1040NR-EZ.

2) Yes; file Form 8843 ONE LAST TIME.

3) Your time as a student was non-resident, but your conversion to H-1B makes you a PART-YEAR resident of Oregon.

4) H-1B on last day, so put "H-1B".

5) Date approved, which is 10/01/2009.