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    ConfusedDesi's Avatar
    ConfusedDesi Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 21, 2008, 12:46 PM
    OPT --> H1B with Single W2
    Hi,

    This is similar to another question in the forum (which has not been answered yet).
    I have been working on OPT from Aug 26, 2006 to Aug 26, 2007 and did not have SS and Medicare taxes withheld on my payroll. Then from Oct 1, 2007 I have been on H1B and have been paying SS and Medicare taxes.

    - Do I meet the substantial presence test? Does only the period from Oct 1, 2007(when I started on H1B status) apply towards this test?

    - Which form do I file 0 1040, 1040NR or 1040NR-EZ?

    - How do I specify on my tax form that I was on OPT and am now on H1B , thereby conveying that I was exempt from the SS and Medicare taxes for most part of the year - As I have a single W2 for the entire year(2007) ?

    - How does this affect my Maryland State Tax filing?

    - Do I have to pay tax on my bank interest(negligible amount that is is!)

    Thanks,
    Confused Desi
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 2, 2008, 12:04 PM
    You need to file as a non-resident alien, filing Form 1040NR or 1040NR-EZ and Form 8843 one last time.

    You do NOT differentiate between your H-1B and OPT time; just file the tax return.

    You file the Maryland return as a resident of Maryland.

    You can ignore the bank interest for 2007.
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