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-   -   Was in OPT and H1B status in the same year (https://www.askmehelpdesk.com/showthread.php?t=644381)

  • Mar 18, 2012, 02:42 PM
    ravikumar4869
    Was in OPT and H1B status in the same year
    I am planning to file taxes for the year 2011, I was in OPT for first 5 months and was in H1B for another 7 months, I worked for 2 employers in the same year and have 2 w2's, my OPT expired in December 2010 and was in Cap gap period till I got my H1B in June 2010, technically I was still in F1 status and my employer was paying me with exempt of social security and medicare till I got my H1B in June 2010, am I still applicable for India US treaty article 21 (2) and can I claim for standard deductions for first 5 months in OPT and itemized deductions for remaining 7 months where I was on H1B,

    Please let me know If I am applicable for the above process, if so what are the forms I supposed to fill and what are the supporting documents I supposed to attach.

    Any help is highly appreciated
  • Mar 18, 2012, 07:21 PM
    MukatA
    For 2011 you are dual status. You had income during OPT/F-1, so you can claim treaty deduction. You will also complete Form 8843.
  • Mar 19, 2012, 07:18 AM
    AtlantaTaxExpert
    The dual status return is NOT for amateur; get professional help from someone with experience with dual-status return.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

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