Dear ATE,

I have read up several posts on dual status situations arising from F1OPT-H1. Each situation is unique so I need to confirm -
Days in US
2006 - 168 (F1)
2007-365 ( F1)
2008 - 197 ( F1) + 101( H1) =298

1099- Misc for OPT period ( no taxes withheld)
W2- for H1 period ( taxes withheld)

I am a non resident alien for 2008? Is it OK to file 1040NR-EZ ( Single, no dependent, no loans)

Or do I have to file 1040NR-EZ for the OPT income and 1040-EZ for H1 income?

Also, will I have to make adjustments for the H1 income in the 2009 return? Or am I all set for 2008 as a non resident alien.

Thanks very much for your advice.

ATE( Atlanta tax expert) or any other tax experts help please.

Thanks,

For 2008 you will file nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. You will report OPT income and H1-B income on the same form. Read about F1- H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

MukatA,

Thanks very much for a prompt answer and the advice.
Appreciate it.

Dear MukatA,

Please confirm:
Filing a non resident alien tax return, I will need to pay social security/ medicare on the H1 income and no social security/ medicare taxes due for the F1/OPT income.

Thanks very much in advance

Yes, you must pay FiCA taxes on your H1-B income.

Thanks a lot MukatA.

I appreciate the prompt advice.