F1 to OPT to H1B. Any way to file as resident? Any benefit to dual-status?
I have been in the US since 2006, more or less continually except for a six-month period in 2007:
2006: J1
2007: F1
2008: F1
2009: F1
2010: F1 for five months, then grace period/OPT for five months, then H1B for the last two months.
If legally permissible, I would like to file a return for 2010 as a resident, because it would allow me (1) to take the standard deduction, and (2) to benefit from the lifetime learning credit.
However, if I understand it correctly, under the substantial presence test, I am still a non-resident, because days on an F1 visa are excluded, and 2010 is my fifth year in the US. Unless, that is, days during the grace period and/or OPT period are not excluded (or could be argued not to be excludable). Are they?
More on the excludability of days: IRS Publication 970 says that to exclude days, one has to file form 8843 -- if 8843 is not filed, days cannot be excluded. That almost sounds like one can elect to have days counted rather than excluded, simply by declining to file a form 8843. Is this true?
Finally, reading IRS materials, I learned that I can choose to file as a dual-status alien, because I will meet the presence test in 2011. But as far as I understand, dual-status aliens cannot take a standard deduction and lifetime learning credit either. (I am not married, so cannot make the election to be taxed as a full-year resident.) If my only other option is to file as a non-resident, is there any benefit to filing as a dual-status alien?
Many thanks in advance for any responses.
