Hi Atlanta Tax Expert,

I have a few questions regarding my tax return...

I am a UK Citizen, yet I schooled in the US since 2001. I started working in NY & NJ last year and my H1-B status started in Nov 2005 (transferred from OPT)

So my questions are:

1) Do I need to file dual status?
2) What forms should I fill out - the 1040 or the 1040nr? Or both?
3) Can I claim a Tax Treaty with the UK on these forms?
4) Can I use software like TurboTax to file the 1040 if applicable (I know they do not have the 1040nr forms on the software)

Thank you for your help & hope to hear back soon!

1) No, dual status does not apply since you have not physically entered or left the U.S. in 2005.

2) File as a non-resident alien; you do not qualify for resident alien status because of insufficient number of days under H-1B to qualify under Substantial Presence Test. File Form 1040NR.

3) Yes, on Form 1040NR.

4) TurboTax cannot process a Form 1040NR. Try CINTAX.