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    Momus123's Avatar
    Momus123 Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Feb 4, 2009, 03:39 PM
    OPT -> H1B taxes. What tax form should I use?
    My home country is Indonesia

    I don't pay social security and medicare tax since I am on OPT and do not meet substantial presence test (4 years in USA).

    But once I get my H1B approved in October, I will start paying social security tax and medicare (resident alien).

    To sum it up:
    Jan 08-Sept 08 - NOT paying social security and medicare tax (non resident alien on OPT)
    Oct 08-Dec 08 - paying social security and medicare tax (resident alien on H1B)

    What form do I use to file my taxes? I am guessing it's only 1 form: the 1040 (for the resident?)

    Please advise. Thank you so much!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 6, 2009, 04:13 AM

    If you did not complete 5 years on F1/OPT, then you will file nonresident tax return and Form 8843.
    Momus123's Avatar
    Momus123 Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Feb 7, 2009, 09:39 AM
    OK, I see so I will still use 1040NR for next year after I get my H1B visa.

    Oh, I work full time now 40h on OPT, but I also pick up more hours 8 more hours every week overtime.. is that OK or is it illegal to do that?

    I am thinking of working 2 jobs also to get extra money >_>

    I appreciate your answer mukata! Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 11, 2009, 03:39 PM
    Overtime is fine in your approved OPT job.

    It is when you get a second, unapproved job that you can get into trouble for violating your visa provisions.
    Momus123's Avatar
    Momus123 Posts: 4, Reputation: 1
    New Member
    		  
    #5

    Feb 12, 2009, 09:31 AM
    What about working 2 jobs on OPT > 40 hours (around 60 hours)?

    Is that considered unapproved? Since OPT doesn't say I am bound to 1 employer. Both jobs related to my major of study. Basically, I am working in the pharmacy as a pharmacist.

    Thanks!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Feb 12, 2009, 12:05 PM

    This is tax forum. As far as IRS is concerned, you must report all your income. IRS is not concerned with visa requirements in such cases.
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