I have a couple of accountants who have been giving me different answers regarding how to file tax for people with duo status.

Here is my situation: I have worked in NYC during Jan '06-Aug '06. I left to my country to renew my visa to H1-B, and it was "issued" on Aug 23, then started working from Oct '06, at the same company. The NYC tax has been deducted from every paycheck.

I see my accountant filing my tax as my "status changed" to H1-B from Aug 23 '06, as it was issued on that day. Is he right or am is it supposed to be Oct 06? People cannot work until Oct 1 anyway, but will that effect on anything?

One accountant says I have to file twice as I had duo-status; for OPT as non-resident, and for H-1B as resident. She says I can get city tax back for the period while I was on OPT, and cannot get city tax back for the period while I have been on H-1B.

The other accountant says I can just file as "non-resident" and ask for all the city tax back.

People with H-1B, are they considered as "resident alien"?

I am confused. Help!

Status change was on 23 August 2006.

Filing twice is not necessary. You just need to pro-rate the income, claiming ONLY the H-1B income as a NYC resident.

You are NOT a resident alien for 2006, as you have not met the Substantial Presence Test.