Hello,

I was on F-1 visa for the first half of 2005 and F-1 OPT for the second half of 2005. I've been in U.S for 8 years. Shall I file 1040NR or 1040NR-EZ?

Thanks for your help.
Luby

I think should be 1040 or EZ.

Yes, the 8-year stay dictates that you should file Form 1040, 1040A or 1040EZ.

You are not eligible to file Form 1040NR or 1040NR-EZ.

I was on OPT last year till oct and from then on H1B... so there are 2 W2 forms for year 2007.
Which Fed forms I need to file?

Form 1040NR-EZ or 1040NR. You will file as a non-resident alien.

Quote:

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Originally Posted by AtlantaTaxExpert

Yes, the 8-year stay dictates that you should file Form 1040, 1040A or 1040EZ.

You are not eligible to file Form 1040NR or 1040NR-EZ.

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Hi -

I've been in the US on F1 for 5 and a half years, and now I'm on my OPT. Do I need to file form 1040 or 1040NR?

Thanks in advance for any guidance.

You been in the US for any part of more than 5 calendar years. That makes you a US resident for tax purposes and you need to file 1040.

Vaya

Actually, it is NOT that simple.

Students who are in the U.S. for longer than five years CAN retain their non-resident alien status if they can show a "closer connection" to their home country. It requires that they file Form 8843 with the non-resident alien tax return (Form 1040NR or 1040NR-EZ), plus provide proof of the "closer connection" by also filing Form 8840 each year beyond the five-year period that is the norm for students on a F-1 visa.

Further, any "closer connection" argument will be immediately invalidated if you apply for a H-1 or H-1B or any other type of work visa, or if you file jointly with a spouse who is a U.S. citizen or resident alien.