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    akasan's Avatar
    akasan Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 1, 2007, 08:24 PM
    Tax return & OPT
    Hi, I'm working under the OPT visa and I'll do my first tax return.

    According to other people, if I'm under the OPT period, I don't need to pay SS and medicare tax.
    But what I heard was this case only considered if I live in the U.S within 5 years.
    After 5 calender years, even I'm under the OPT visa, can I still be considered as a non-resident?

    Let me make sure my situation.
    I came to the U.S. May 2001 and graduated from a university July 2006.
    (My F-1 visa expired May 2006, but I renewed I-20 and I have a valid OPT visa)
    Then I started working September 2006. So, when I started working, it is already passed 5 years even I'm in a OPT period until August 2007.

    Then I need to fill out tax return for 2006.
    In this case, I'm not sure about my situation.. am I considered as a resident or non-resident.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 1, 2007, 09:51 PM
    If you arrived in country on a F-1 visa prior to 2002, you are considered a resident alien in 2006,

    You need to file Form 1040, 1040A or 1040EZ.

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