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    pjane2009's Avatar
    pjane2009 Posts: 9, Reputation: 1
    New Member
    		  
    #1

    Feb 5, 2012, 09:20 PM
    Tax filing status: 1040NR or 1040?
    Hello,

    I have been in the US since July 2009 on F-1 status. I was on OPT from May 2011 to mid Sept 2011 and from Sept 2011 to now I am on H1B.. Should I be filing 1040NR or 1040? I have heard about First Year Choice. Is that applicable to me? Also, what additional credits/deductions do I get for filing as Resident Alien compared to Non Resident?

    Thank you!
    pjane2009's Avatar
    pjane2009 Posts: 9, Reputation: 1
    New Member
    		  
    #2

    Feb 7, 2012, 10:34 AM
    Can someone please help me with this?.

    Thanks a lot!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Feb 7, 2012, 07:54 PM
    If you are not married, file nonresident tax return and Form 8843. Claim tax treaty deduction as you have OPT income. Your U.S. Tax Return: The U.S. Visas
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 9, 2012, 01:58 PM
    If you are MARRIED, then you need to WAIT until sometime in May 2012 to file, then file JOINTLY with your spouse. You have to wait in order to meet the Substantial Presence Test, and you BOTH will need to sign a statement that you BOTH choose to be treated as resident aliens for all of 2011.

    Your spouse may need to submit Form W-7 to get an Individual Tax Identification Number (ITIN).

    Either way, if you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.
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