[abhishek303]

I first came to US in August 2005 on F1 visa.

Then I was on OPT from August 2007 to August 2008.

I am on H1b visa since October 2008.

I am single and filing 1040 NR since last 3 years.

I wanted to know which form should I use for year 2008 (1040 or 1040 NR ??) since I was on OPT for 9 months of 2008 and H1b for last 3 months of 2008.

Thank you.

[kaushik]

Abhishek,

I also had the same situation last year... and you have to file 1040NR itself... first 5 years of F1 (including OPT) does not qualify for substantial presence test...

[MukatA]

For 2008, you will file nonresident tax return with Form 8843. You will get treaty deduction as you have OPT income.