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-   -   Transfer from OPT to H1 on Oct 1st (https://www.askmehelpdesk.com/showthread.php?t=319790)

  • Feb 20, 2009, 09:14 AM
    dkandula
    Transfer from OPT to H1 on Oct 1st
    Hi
    I was a student on F1 and joined my company on March 3, 2008 on OPT. My H1 started from Oct 1st 2008. What forms should I file and what category do I come into.

    Dheeraj
  • Feb 20, 2009, 07:00 PM
    MukatA

    On F1/OPT you are exempt from residency for 5-years. If you are not married, and you did not complete SPT on H1-B, you must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

    Your F1/OPT income is not subject to FICA taxes, but H1-B income is subject to SS tax and Medicare tax. If you have OPT income you will get deduction based on tax treaty between the U.S. and your country.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

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