I cannot decide if I am eligible to claim the $5000 (or 4850?) standard deduction. I was on an F-1 visa until Sep 30 this year (on OPT from June 29 - Sep 30). I have been on H1-B since Oct 1. I suppose that means I count as a non-resident for tax purposes.

Now, according to pub 519, student/business apprentices who are residents of india (which I am) can claim the standard deduction of $5000 (or 4850?). I am wondering if I qualify. Since I have been a student for 9 of the 12 months in 2005

I will appreciate some pointers to answer this
THanks
Vikas

Vikas:

You are not a non-resident alien; you are a dual-status alien. If you choose to file the dual-status tax return, you will be able to claim the standard deduction.

Hi
I am on f1 visa on opt up to nov 2010 and on oct 1st2010 I got h1b visa
My question is wich form I have to file 1040nr ez or 1040nr!
What are the deduction I am eligible for! I am from india and never went india since I got my f1 visa in 2008

If you are not married, file nonresident tax return. You can use treaty deduction for your OPT income. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

Agreed; file as a non-resident alien, filing Form 1040NR-EZ and Form 8843 ONE LAST TIME.

Hi,

If a married girl go on H1B visa and does not take her husband along with her to USA then can you please help me to understand the tax that will be deducted from her salary. I heard that for singles 30% tax is deducted and for married ones 10% tax is deducted. Now please help me to know how much tax will be deducted in my case because I am not planning to take my husband along with me to USA. Let's suppose my salary will be $5000 per month in US.

Even though your husband is NOT with you, you are STILL considered to be married.

For this reason, you will be taxed at the Married Fuiling Separately tax rates if you file by yourself.

The GOOD news is that you can file jointly with your husband, irrespective of his physical location; he could be on Mars for all the IRS cares. He WILL have to sign the tax return and apply for an ITIN using Form W-7, but this is very doable (I do it about a dozen times every tax season), though it does take about a month to get everything done.

You WILL have to declare his home country income, but you can either exclude the income using Form 2555 or claim the Foreign Tax Credit using Form 1116, whichever is more advantageous.

It is likely that filing jointly will result in a MUCH lower tax rate for you.

If you need professional help doing this, email me at the email address in my profile.

Thank you so much your answer.. :)

Glad to help!