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    brokn7@hotmail.com's Avatar
    [email protected] Posts: 1, Reputation: 1
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    #1

    Feb 26, 2010, 04:13 PM
    F1-OPT tax return
    I am an international student with F1 visa here in USA since 2007. I graduated with my BS degree in June 2009 and I've been working on OPT since August 2009. I have my W2 from my employer. I lived in New York State throughout the whole year 2009.

    1. I know I should file 1040NR-EZ form for federal income tax purpose but I am confused on the state tax side. Am I considered Non resident or Resident for NYS tax purpose? I know the following fact for sure but it confuses me since I was an undergrate student (F1 status) but not a full time student.

    Fact. All Full time undergraduate students are considered Non-resident. Graduate students can be either non resident or resident depending on how long they lived in the state.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 1, 2010, 10:38 PM

    1. File Form 1040NR-EZ and Form 8843. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    On NY tax return, you are resident since you live in NY.
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