Hi,

I post doc in industry on J1- visa from Nov - 2006 and have been put on H1-B as of Oct 2007 and will be leaving the country in May 2008 and not intending to come back for some time. Can I still get a tax treaty as my J1 was originally covering the entire period but only got H1-B as I thought I would get a renewal - but not the case now.

Thanks

Ka Wai

The work you wree doing does NOT sound like it quaifies for the total tax exemption.

Your J-1 status exempted you from Social Security and Medicare taxes until you converted to H-1B, but you were liable for income taxes for your entire stay.

For 2007, you should file Form 1040NR or 1040NR-EZ as a non-resident alien, along with Form 8843.