Hi,

The following are my stats:

Entered on F-1: Jan 2003
Started OPT: Feb 2007
End OPT: Sept 2007
Left the US: Sept 2007

During my OPT, I had contributed to the 401k (box 12 on W-2). My questions are:

1. Can you please confirm that I should file as a non-resident alien i.e. 1040NR/NREZ
2. How do I claim retirement as an exemption i.e. which line on the tax form do I include it?

Thanks much!

Yes, you will file 2007 tax return as nonresident. From 2008, you will file as resident if you complete SPT.
Your W2 has your total income less 401K amount on line 1. On line 3, you have the total amount. So it has already been taken care of on your W2.

If you are referring the Retirement Savings Credit, you are NOT elgible, because you are considered to be a student while on OPT, and students CANNOT claim the Retirement Savings Credit.

If you are referring to the tax advantage of contributing to the 401K, MukatA covered that.

Great, thanks!

Glad to help!