Hi,

I was on F1(OPT) from Jan to May 2010. I am on H1B Visa from June 2010. I am filing my federal taxes as dual status resident (1040 and 1040NR) for the year.

Oregon State does not allow Standard Deduction for NRA. But since I have dual status for 2010, am I allowed to claim standard deduction for state taxes in 2010 ?

A phone call to the Oregon state tax authorities will get you a definite answer, but I believe that Oregon considers a dual-status return to be the same as a NRA return and will NOT allow you to claim the standard deductions.

If you were in Oregon during F1 and H1-B, you will file Oregon resident return.

MukatA:

In most states, that is correct, because the state does NOT care about your federal filing status.

Oregon is somewhat unique in that they DO want to know how you filed on your federal return and, if you are a non-resident alien, they will NOT allow you to claim the Oregon standard deduction. I discovered this fact the HARD way when they disallowed the standard deduction on an Oregon return I filed for a non-resident alien client several years back.