[hdjsteff]

Hi,I have some questions regarding filing taxes for OPT and H1B stamp.
My situation:
Begins my OPT from July 2010, got a paid job in Jun 2011 which sponsored H1B visa, OPT status extended to Oct 1st 2011 and my H1B status effective since than.

I'm now filing for my 2011 income. I have done some research and I assume that even though I have living in US for the past three years, I'm still eligible to file as a non-resident alien due to the OPT status, right?
Also the employer only provides me W-2, not 1042-S, is that going to be an issue?

My country has a tax treaty with US. Say, if I the amount I owe without tax treaty is 500 and the amount I owe with tax treaty is $50, at which amount of check should I write and send out?

Thank you.
DJ

[newacct]

It depends on how many years you have been here. Under the substantial presence test, you are resident if you have been here 183 days during the year. However, you get to exempt days when you were a student on F-1 status (including OPT) from the substantial presence test; this exemption can only be applied during the first five calendar years on F-1 status.

So basically, if 2011 is your fifth calendar year or before, then you are nonresident since you exempt all the days before Oct 1 from the substantial presence test. If 2011 is your sixth calendar year or after, then you are resident.

[hdjsteff]

Thank you. But what about other questions like the check amount?

Thank you
DJ

[newacct]

Well, you write a check for whatever amount it shows on your tax form at the end that you need to pay. There shouldn't be any ambiguity about this.

If you have some kind of exemption for your income due to a tax treaty, you need to figure out how to use the treaty to lower the amount on your tax form. You might have to fill out some additional forms or follow other instructions. Other people on this forum can help you with that.