Came in Aug 1999 on F1
Returned to India in 2004 and obtained F1 in Aug 2004
On OPT for the last one year.
For 2007 tax return am I a resident or non resident - I ask because in one of the University presentations available on the net, it says determine your status in accordance with the IRS rules on the subject, if one stayed for more than 5 years on F1 isa. Technically speaking, the 2004 F1 visa is a fresh one, not an extension of the 1999 visa.

Thanks!

Normally if you have spent any part of 5 years on F1, you are not exempt. An exempt individual must file Form 8843. The line 12 of 8843 has this question:

Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar years?
If you checked the “Yes” box on line 12, you must provide sufficient facts on an attached statement to establish that you do not intend to reside permanently in the United States, which means you never applied for permanent residency and maintained a closer connection with your home country.
Read instructions to Form 8843.

Dear MukatA:
Thank you very much.
If I file the return as resident alien, can I claim refund of Social Security and medicare taxes with-held, which are substantial. If I want to get a refund of these taxes, am I better off submitting Form 8340 as advised in the Form 8843 and then filing 1040 NR/NREZ and Form 843?

Yes, you can do this.