Hello,

I am from India and I converted from F-1 (Aug 2007 - Feb 2010) to H-1b in March 2010. So I believe that I will be filing as a dual-status alien for 2010.

I was reading the discussion at https://www.askmehelpdesk.com/advice/t-10%3C/t-7993.html. It seems that I can indeed claim standard deduction on 1040-NR since as a student from India, I was eligible to claim standard deduction instead of itemized deductions during my non-resident period. Is my interpretation correct?

Thanks a lot!

Your interpretation is correct; because of your student status for part of 2010, you can claim the standard deduction under Article 21(2) of the U.S.-India Tax Treaty.

Now, if you are married, the better option would be to file jointly and you both CHOOSE to be treated as resident aliens for all of 2010.

Thanks AtlantaTaxExpert.

I believe that in general, there should be a considerable number of cases of F-1 OPT to H-1B Dual Status Alien tax returns for people from India. Can any sample returns for such cases be found anywhere?

Thanks!

If you are MARRIED, you will NOT file dual-status; you will file a JOINT return and both spouses will sign a statement to CHOOSE to be treated as resident aliens for all of the tax year.

If you are SINGLE but were on H-1B for LESS than 183 days, you will file as a non-resident alien. You CAN wait until a later date in the following calendar year and CHOOSE to file a dual-status return, but, in 99% of the cases, there are NO tax advantages to filing that way.

ONLY if the H-1B time exceeds 183 days MUST the taxpayer file a dual-status return.

To answer your question, there are NO real good examples for the dual-status return other than what is in IRS Pub 519, and that example is NOT all that good.

That is why I STRONGLY recommend that anyone who must file a dual-status return get professional help. It is NOT a return for amateurs.

Thanks AtlantaTaxExpert.

Can you give me your quote for preparing my F-1 OPT to H-1B Dual Status Alien tax return for 2010?

Crazee85:

I do not give fee quotes on this forum, but if you email me at [email protected] and tell me when you switched from F-1 to H-1 in 2010 AND whether you are married, I will give you a fee quote via email.