For 2008, I moved to NYC in late March and worked on my OPT (still on F-1 status) till October when I attained H1B1 status which I am still currently on.

As far as residency goes, should I file as a resident or non-resident in my NYS tax return?

I think I get a bigger refund as a nonresident but of course I'd like not to breach any laws.

Any help with this would be deeply appreciated. Thanks!

You are a part-year resident of NY state, because you moved into the state in March 2008.

You were a NON-RESIDENT of NY city until 1 October 2008, because your F-1 student status applied until you converted to the H-1B vsa, and international students, by law, are considered non-residents of the city. Hence, your NYC income tax will begin on 1 October 2008.

Thanks! That clears it up largely.

Is it any different for a H1B1 visa?