[jack li]

I used 1040NR for last year, because I change f1 to h1b status, how about this year 2008, I stay in usa for over 300 days, which form I need to use, do I need file as resident or non resident.

[MukatA]

When did you enter the U.S. on F1? When did H1-B start? What date you left the U.S.

[jack li]

Thanks Mukata
I enter usa last five on f1 student visa, my h1b start last July. Someone told me I can use 1040for 2008. That way better than use 1040NR. I don't know if it is true, also, how aobut the state return? I live in New York. What kind of form I need to file, resident or Non resident.
Thanks you very much

[AtlantaTaxExpert]

Jack:

If you entered the U.S. on or after 1 January 2004 on the F-1 visa, you will file as a non-resident alien for 2008, filing Forms 1040NR and 8843 one last time.

If you entered the U.S. on or before 31 December 2003, then you will file as a resident alien, filing Form 1040, 1040A or 1040EZ.