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    niterider's Avatar
    niterider Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 15, 2006, 08:29 AM
    F1 to H1B
    Hi,

    I am from Pakistan and started school in January, 2001 on a F1 visa. I was on F1 visa (incl. OPT) until October 2005. Since October 05, I changed to H1B.

    After reading couple of threads here, my understanding is:

    - I can either file as a non-resident or as a resident -alien. Correct?

    Also, do I still need to file form 8843? And can I take advantage of the $5000 treaty between US and Pakistan even though I'm on H1 now?

    Quick answer would be greatly appreciated!!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 15, 2006, 10:35 PM
    You can file as a non-resident alien immediately or, if you wait until June, file as a resident alien.

    If you file as a non-resident alien, you need to file Form 8843 as well.

    You can claim the treaty exemption only if you file as a non-resident alien.

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