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-   -   Dual Status Return? (https://www.askmehelpdesk.com/showthread.php?t=191211)

  • Mar 4, 2008, 09:44 PM
    teena139
    Dual Status Return?
    Hi,
    I was on OPT from Aug 2003 to May 16th, 2007 (F-1 expired on May 16th). I left on May 12th to India and got my H-1 stamped on May 14th. I didn't enter the US until mid June.

    My questions
    1)Do I qualify to file a dual status return(R-NR)? I was out of the country for 65 days in total in 2007.
    2) In the 1040 R should I use my entry date (June 15th) as the start of the "Resident" status or should I use the end date of my F-1 status (May 16th) or when I got my H-1 stamped (May 14th)?
    3) In the 1040NR form (dual return statement) on page 5 D,
    Type of entry visa is F-1 and current nonimmigrant status and date of change ___________(should I enter H-1 stamp date or entry date to the US).
    3) On Pub 517 page 34, there is a sample dual status return (R-NR) in which there is a refund on both forms. Is that the case? Can I claim the treaty exemptions on the 1040NR portion and an itemized deduction on the 1040R and get a refund there as well?
    I am single, no kids and from India.

    I would really appreciate any help with this... Many thanks.
  • Apr 18, 2008, 11:55 AM
    AtlantaTaxExpert
    1) If you exceed 183 days on H-1 status, then, yes, you must to file a dual-status return.

    2) Use the date your H-1 visa went into effect.

    3) Enter H-1, date H-1 went into effect.

    4) Yes, you can STILL claim the standard deduction authorized for F-1 visa holders.

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