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    gtstudent2006's Avatar
    gtstudent2006 Posts: 3, Reputation: 1
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    #1

    Feb 13, 2007, 03:23 PM
    H1B -> F1 during 2006: Resident or NR?
    Hello, during my stay in the USA, I have filed tax returns for 2 different states (on F1), and also experienced the F1-OPT-H1B transition (again spread across two states) previously.

    This time its H1B -> F1 across two states. I need help and well, correct information would do me a world of good. Thanks to everyone who responds to me on this subject.

    The complicated scenario is as explained below with questions.
    From Jan. - Jul. (mid) I was on H1-B VISA and in Cali. Thereafter I have been a student at Univ. and an F1 VISA holder till the end of the year. I have 2 W-2 statements, one from my company (CA) and one from Univ. (GA). I also have 3-4 1099 (interests accrued from my bank/brokerage accounts).
    1. Should I file as a NR or a R for federal?
    2. For GA and CA, should I file as a NR or R?3.
    3. How do I find the fraction of the total income to be accounted for in each of the stat tax returns?
    4. Do I include my 1099 for tax filing purposes if I am filing as an NR/R/dual status?
    5. I sold my stock options from "my company" when I left in AUG, 06. If they are not there on the W-2 I received from them, where can I find them and how will I account them?
    (in other words, are they already accounted for in my W-2 income box?)

    Rgds,
    -student:)
    A reply would be highly appreciated.
    gtstudent2006's Avatar
    gtstudent2006 Posts: 3, Reputation: 1
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    #2

    Feb 13, 2007, 03:25 PM
    I forgot to mention that I am single and was out of the country from 14 Jan - 14 Feb 2006.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 14, 2007, 09:58 PM
    GT Student:

    Well, you met the Substantial Presence Test for 2006. How long were you an H-1B, and have you ever been a F-1 visaholder before?
    gtstudent2006's Avatar
    gtstudent2006 Posts: 3, Reputation: 1
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    #4

    Feb 15, 2007, 11:17 PM
    Thanks for the reply.
    I have been an F1 visa holder from 2002 - 2005 (including OPT). I got my H1B in late 2005.
    So in 2005, I filed as a NR.

    In 2006, I have been on H1B till mid. July. Thereafter I was on F1. I was on H1B in CA and F1 in GA.

    Based on my understanding, I should file 1040NR-EZ with "dual status" for federal. I must include the amounts from the 1099 I received. Correct?

    For GA, I will file as a NR and include ONLY the amount from the W2 I got from GTech.
    For CA, I will file as a part-time resident (have to locate the form) and well, include the amount from the W2 I got from the company in CA. Should I include the amounts in 1099 as well?

    I sold the stocks while leaving the company. They have appeared in the W2 I got from the co. Do I need to fill in a spearate form? If so could you please tell me which one?

    Thanks a bunch ATLE, you rock:)
    -student
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 16, 2007, 11:02 AM
    GT Student:

    I thought you were going to send me an email?
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