Hello Tax Experts,

Here is my situation

Indian citizen entered USA (Ohio) on 18/12/200 as a F-1 student. CPT started in Feb 05 and converted to H1 in May 2005 (No OPT)

a) Which forms do I fill?
c) Have two W2. One from the University and one from employer. Do they have to be filed seperatey or fedral to be combined
b) Can I claim $8200 deduction ( $3200 Pers+ 5000 Indian Citizen)
c) Can I claim moving expenses while leaving school to go to another state for job purpose which were compensated by the employer ?(maybe too greedy ;-)

Thanks.

Vees:

a) Form 1040.

b) Combine them.

c) Yes

d) Yes, using Form 3903. This will mandated the use of Form 1040 instead of the easier Form 1040A or 1040EZ.

Thanks for the quick response. I am little confused

You said I should file 1040, and can take 5000+3200 deduction. But as per http://www.upenn.edu/oip/iss/tax/indiatre.html
"The treaty does not allow you to file Form 1040, 1040A or 1040EZ."

I can only take the 3200 India treaty ded if I file 1040NR which I can't as I pass the substantial test for 2005 (>183 days in 2005 as I converted my CPT to H1 in May 2005)..

So does that mean I file 1040 with only $5000 standard deduction? Thanks

Vees:

Since your H-1 visa status started in May 2005, you have been in the United States for more than 183 days.

June = 30 days
July = 31 Days
August = 31 Days
September = 30 Days
October = 31 Days
November = 30 Days
December = 31 Days
Total = 214 days

This being the case, you qualify under the Substantial Presence Test to file as a resident alien.

This means you file Form 1040, 1040A or 1040EZ.

Which means you can claim both your $3,200 personal exemption and the $5,000 standard deduction.

Thank you...

Glad to help!