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-   -   F-1 to H-1 (https://www.askmehelpdesk.com/showthread.php?t=20041)

  • Feb 7, 2006, 04:20 PM
    maverick
    F-1 to H-1
    Hi,
    I am from India and I am in US from Aug2002(more then 3 years).
    Till Sep2005 I was on F-1 and since then I am on H-1.
    Till March2005 I was in California and after March I shifted to Oregon.
    I have few question:--
    1) Do I qualify as Resident Alien, my friends told me that I don't qualify as resident alien because I was on F-1 till Sep05 and that period is not counted towards the 180 days test period and from Oct05 till now I don't have sufficient days.
    2)In either case(Resident Alien or Non Resident Alien) which all forms I need to file.
    3)Since I have changed the state (CA-->OR) and I have W-2 from both of the states, so which all forms I need to file.

    I am very confuse because some tax consultant tell me that I am resident alien and some say I am not Resident Alien.

    I will appreciate if you can help me with that.

    Thanks
    Rahul.
  • Feb 7, 2006, 09:26 PM
    AtlantaTaxExpert
    Rahul:

    You are actually a dual-status alien, which means you can:
    - file a dual-status return (Form 1040 with Form 1040NR as an attachment)
    OR
    - file an extension (Form 4868) and wait until early June, at which time you can file as a resident alien (Form 1040, 1040A or 1040EZ)

    You will need to file part-year resident state tax returns for CA and OR.

    Contact me at [email protected] if you have more questions.

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