[manishaggr]

Dear AtlantaTaxExpert,

Thanks for all the information that you have already provided on forums. My situation is as follows:

Jan 1 to May 15 (F-1) (W-2 from university of Miami)
May 16 to Nov 14 (OPT) (Started job in Michigan on October 3)
Nov 15 - Dec 31 (H-1B) (47 days) (W-2 from the company)

During my OPT, I worked in two jobs. My first job during OPT was in Florida and I received Form 1099 and my second job during OPT was in Michigan and I received W-2 from my employer.

What's the best way for me to file taxes and get the treaty benefits? From what I've read so far, I can file Form 1040 with first year choice. I need to attach form 8833 and 8843 with a statement for first year choice. Am I correct? What other forms do I need to fill?

Please help. Thanks in advance.

[AtlantaTaxExpert]

Manishaggr:

You must be a co-worker of Richie!

You should file Forms 1040NR and 8843, but probably not 8833. You will need to fill out Schedule C for the income on Form 1099-MISC.

Do NOT file as a resident alien. Doing so will make you liable for self-employment tax (15.3%) for the Form 1099 income. That could be a significant sum of money.