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    helpmewithtaxes's Avatar
    helpmewithtaxes Posts: 11, Reputation: 1
    New Member
     
    #1

    Feb 22, 2007, 01:53 AM
    Tax filing status if on H-1 since Oct 2006?
    Hi,

    I came to U.S in July 2004 on F-1 visa and filed 1040NR-EZ for 2004 & 2005. I graduated in May 2006 and started my job on OPT from June 2006 until Oct 2006 and continued on H1-B after that since my approved H1-B visa started in Oct 2006.

    My questions are:

    1. Do I file as a resident or non-resident?

    2. Can I take the standard deduction of $5000 as per the India-US tax treaty? I know as a non-resident I can but can I, if answer to my question 1 is - 'Resident'?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 22, 2007, 11:37 PM
    1) Non-resident.

    2) Yes.

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