Hi,

My OPT started from Aug 2005 to July 2006. During that year, I worked in two companies under OPT status. I left the States back to my home country, Taiwan, during the end of Aug 2006. And came back in the middle of Nov. 2006 with H1B visa. Am I dual status? Should I file Form 1040 NR and 1040 both or either one of them? Please advise. Thank you so much.
:)



Angel Lin

Assuming that you had not held an F1 for more than 5 years, you appear to be a non-resident. File a 1040NR.

Hi Taxseacher,

Thanks so much for response and answer.
One more point please help me clarify. For the above situation, I am working with my H-1 status from last Nov 2006. Should I file 1040 for that less-than-two-month period? Or just file 1040 NR? Please kindly advise. Thank so much. :)

Angel Lin

Angel Lin:

File JUST Form 1040NR. The dual-status return is WAY too much troublke to file when you do NOT have to file it.

For 2007, you will file as a resident alien if you stay in the U.S. (except for vacations) for the entire year.