Hi,
I hope someone can answer my questions

Been in the US for 2 and a half years mostly as a student.

I got my I-797 notice of approval with valid dates starting November 14, 2006

If I understand correctly I should file 1040NR because I don't meet the requirements of the substantial presence test.

I will also file for Medicare and Social Security refund and I need to know what is the specific date I should use for my change of status. Is it the Date on the Approval Notice (November 14,2006) or the date I got the H1B visa stamp on my passport (January 26, 2007)?

Thanks and please let me know if you need additional details...

Jose Correa

Yes, file as a nonresident alien, filing Form 1040NR or 1040NR-EZ.

On Form 843 to request Medicare and Social Security refund, use the date of approval (14 Nov 06).

If you need professional help, contact me at [email protected].