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-   -   Tuition fee deductions on H1B (https://www.askmehelpdesk.com/showthread.php?t=22971)

  • Mar 18, 2006, 09:28 AM
    kkk
    Tuition fee deductions on H1B
    Thanks for your reply.


    Hi,
    As per this

    Link ,http://www.montana.edu/pps/Taxes/Sub...esenceTest.pdf

    I am not sure whether I AM RESIDENT OR NON RESIDENT ALIEN?

    Following are my status durations

    F- 1 - 2.5 YRS , jan 2003- sept 2005

    H1B - From OCT 2005

    So I should file as resident or non resident?

    Do I pass substantial presence test on H1B ?

    Is the substantial presence test diffrnt for dffrnt visa status?

    CAN I claim my tuition deduction of my F1 status now, while I am on H1B?

    Please reply if possible.

    Thanks
  • Mar 18, 2006, 09:33 PM
    AtlantaTaxExpert
    You can file immediately as a non-resident alien, but then you would NOT be able to claim the education credits/deduction.

    You can wait until June 2006, then file under First Year Choice as a resident alien.

    The days under F-1 visa does not qualify for Substantial Presence Test.

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