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DK · Dec 12, 2009, 07:19 PM

Hi,

For the year 2009, I was on H1B until Feb 23 and enrolled in school afterwards and switched to F1. I got paid both on H1B and during my F1 as an intern. How do I file my taxes? As a resident alien or dual-status? And which one is advantageous?I am single and I have stayed in F1 for 2 years in the past.

Thanks a lot in advance for your time and input.

MukatA · Dec 12, 2009, 07:53 PM

What is your citizenship?
Normally if you were resident at the time of getting F-1, your days during F-1 are not exempt from residency.

DK · Dec 12, 2009, 07:59 PM

My citizenship is India.

So, I have file as a resident using form 1040?

Thanks again,
Dinesh

AtlantaTaxExpert · Dec 15, 2009, 12:03 PM

Dinesh:

You have the option of filing either as a resident or as a dual-status for 2009.

If you file as a resident, then you retain the resident status for the duration of your F-1 visa.

If you file dual-status, you will be a non-resident alien for 2010 and 2011.

I suspect that filing resident is preferred, because then you can legally claim either an education credit or tuition deduction on your return, an option NOT available to you as a non-resident alien.