My OPT period commenced on December 13, 2004 and was valid till December 12, 2005.

However, I accepted a job offer and started working from February 1, 2005 (till present). My employer filed for my H1 visa in between, which became effective on November 16, 2005.

Summarizing, for the year 2005, I had following status in USA:

OPT Status: January 1, 2005- November 15, 2005
H1: November 16, 2005-December 31, 2005

Could anyone please help me in knowing as to which form I should file for 2005tax returns (1040 or 1040 NR)? Also, do I need to file Form 8843 for 2005?

Your response is highly appreciated.

Thanks.

Preethi:

What is your nationality and what was your visa status prior to H-1?

Hello AtlantaTaxExpert,

My nationality is Indian and my status before H1 was F1.

Thanks.

Preethi:

You are dual-status. You can file the complicated dual-status return, plus file Form 8843, or wait until June to file as a resident Under First Year Choice, in which case Form 8843 does not have to be filed.

Either way, the tax will be about the same.