[bakrulzz]

I moved to US in August 2006 for Grad school, and I started working full-time on CPT from 09/01/2009.

My CPT was between 9/1/2008 - 12/15/2008.

My OPT was between 12/15/2008 to 9/30/2009

My H1B started on 10/1/2009, and its valid till 2012.

I used 1040 NR EZ forms for my 2006, 2007 and 2008 tax returns.

Should I be using 1040 NR EZ form for 2009 tax returns?

I have two W2 forms, one for the period from January 2009 till September 2009 , and another for October 2009 to December 2009.

Please let me know about this, and suggest me the best possible way to file it , since I have 2 forms. Should I use any online tax software, or some other guidance.

[MukatA]

If you are not married, file nonresident tax return and Form 8843. Since you have F1 or OPT income, you will get treaty deduction. H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html
It must be paper return; can not be efiled.

[venupogal]

Why can't he file 1040 ?
Line 40A (1040) gives a standard deduction of 5700
And Line 42 (1040) gives exemption of 3650.


Also I think u pass the SPT

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
* All the days you were present in the current year, and
* 1/3 of the days you were present in the first year before the current year, and
* 1/6 of the days you were present in the second year before the current year.

[MukatA]

On F-1 student visa, you are exempt from residency for 5-years. You get deduction as per tax treaty and itemized deductions.
For 2010, you will file resident tax return.