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

    Jan 29, 2009, 05:20 PM
    Which forms to fill (opt + H1b)
    Hi,

    I was working on opt since feb2008 till sep 2008 and then I got myself transferred to H1b. What are the forms I need to fill and also do I need to file taxes different for my opt period and H1B... else how do I differentiate my opt and H1B taxes...

    Regards,
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 29, 2009, 11:53 PM

    You are single and you did not complete SPT during H1-B period, so you can only file non-resident tax return. You will also file Form 8843 for OPT period.

    On your OPT income you will get deduction based on tax treaty between the U.S. and your country. You do not differentiate between OPT income and H1-B; you will add the incomes.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 30, 2009, 11:07 AM
    However, if you are married, you can file jointly with your spouse and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

    The downside is that:

    • you must WAIT to meet the Substantial Test before you can file, which means you must wait until 1 June 2009.

    • you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116). This MAY be an issue for your spouse's income.

    You will need to submit Form W-7 with your return to get an ITIN for your spouse.

    Even with the downside, this is probably the best way for you to file.
    lmadan's Avatar
    lmadan Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Jan 31, 2009, 07:22 AM
    Let me just clarify my situation...

    I came here on F-1 visa, so for the 2006 and 2007 return I filled the tax as an student
    But from February 2008 to sep 2008 I was on opt and then from October 2008 onwards I am on H-1B and in my w2 foms I can't distinguish between the opt pay and h-1b pay... so how do fill the return and also now what are the final set of forms that I need to fill and, is there any specific information that I should take extra care of and importantly I live in CA...

    And @AtlantaExpert I am single nt married... :):)
    Regards,
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 2, 2009, 11:31 AM
    If you are single, then you should file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.

    Filing dual-status IS an option, but it requires you wait until June 2009 to file, and there is NO TAX ADVANTAGE, so WHY wait!
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