I have a question regarding if I should report 1040NR or 1040 or both in 2009.

1. 2008 report as NR (status OPT)
2. ~1/23/09 OPT
3. 1/24/09-6/20/09 180 days Adjustment of status
4. 7/1/09-12/14/09 ETD card for I485 (start to pay social security tax)
5. PR 12/15/09

Can I report whole year as resident? Or half NR, half resident?

Please kindly advise.

Thanks,
Rita

Let us know various visas held by you and dates of entering and deaparting from the U.S. in last 5 years.

Hi MukatA:

1. F1: May 2006-Jan 2008
-05/19/06 enter USA-12/13/06 depart from the US
-01/02/07 enter USA-03/18/07 depart from the US
-05/17/07 enter USA-12/13/07 depart from the US
-12/31/07 enter USA-12/31/09
2. OPT: Jan 2008-1/23/09
3. Adjustment of status:1/24/09-6/20/09
4. ETD card for I485: 7/1/09-12/14/09 (start to pay social security tax)
5. PR: 12/15/09

Since I was applying for PR, the waiting period doesn't really have a visa. My lawyer said my status in between is adjustment of status, but I started to pay SS tax from 07/01/09. So does the fact I paid SS tax or not affect filing status?

Do I consider as meeting the qualification of Green card test? "if you were a lawful permanent resident of the United States at any time during 2009(start from 12/15/10) and you took no steps to be treated as a resident of a foreign country under an income tax treaty." If yes, then can I file I1040 for whole 2009?


Thanks,
Rita

If you actually GOT your green card on 15 December 2009, then you can, in my opinion, file as a resident for all of 2009.