[askme52]

I changed my status from F1 to H1B, Oct 1st 2011. "Single" status, filling 1040NR-EZ

- Will I be able to use standard deduction of 5800 (21(2) )?

Others have told me that I cannot use the above if now on H1B. Can use it only on F1?

[askme52]

Do I need to add the India Tax treaty (21(2)) in the J.1 section (1040NR-EZ) as shown in the Attachent.

Also, is this deduction same as federal standard deduction

- A. Of what country or countries were you a citizen or national during the tax year? India, rght?
- B. In what country did you claim residence for tax purposes during the tax year? United States, rght?

[askme52]

I found this from another forum... 2008 though... is this still accurate?

Have F1 as well as H1-B income in the same year, you will get personal exemption, itemized deductions, and treaty deduction for F1 income only.


My F1 income is more than $7000. My itemized deduction would only be state tax i.e less than 300

[askme52]

Also, I am not supposed to fill the 8843 rght, since I am on H1b?

[AtlantaTaxExpert]

You Do need to submit Form 8843 one last time.

And you are claiming INDIA for your residence for tax purposes.

Everything else is okay.

[uf_grad]

I am in the same situation as above... I am filing form 1040 NR EZ... I am not sure where do I put in $5800 amount on the form... I claimed the US India tax treaty exemption last year too as F1... I heard it cannot be claimed this year... Also do I claim the $ 3700 personal exemption... Thanks.

[AtlantaTaxExpert]

If you are on F-1 for ANY part of 2011 as an Indian national, you CAN claim the $5,800 standard deduction.