Hello,

I came to US in July 2005 on F-1 visa. I started working in Dallas from Feb 2007 with F1-OPT status. The visa then got changed to H1-B starting Oct 2007.

Until now, I have filed the returns two times. Both times 1040NR-EZ taking the advantage of US-INDIA income tax treaty.

However, I did not know I had to file form 8843 also for 2005 & 2006 tax years. I did not earned any income in 2005, but earned some money as a research assistant in the university department for 2006 tax year.

My question is:
1) Which form I should use for 2007 tax returns? It seems 1040NR & 8843 (I have some captical gains) because I do not think I am satisfying the Presence Test as I was an exempt individual (F1 & F1-OPT) from Jan 2007 through Sept. 2007. And also because I travelled to India for Dec 2007. CAN I STILL CLAIM EXEMPT INDIVIDUAL GIVEN I Haven't FILED 8843 earlier? Will I be able to take advantage of US-India income tax treaty (which allows around $5K for tax deduction).

1) Having missed 8843 two times for 2005 & 2006 tax years, will it be a problem during my green card process?

If you are single, you will file as nonresident. Since you have OPT income, you will use treaty benefits for OPT income. Your OPT income is not subject to FICA taxes, but you will pay FICA taxes for your H1-B income.

Thanks for the response.

I still need answers to all the questions regarding 1040/1040NR, 8843, green card, & others.


Can somebody please answer this?

Thanks.