[deepsam207]

Hi,
I am currently on a H1B work visa. Last year, I was on a F1-OPT status when I started working from March till October1. My H1B was approved on Oct.2. I was in Canada for 3 days to get my visa stamped.

Indian National
F1-OPT : 274 days
H1B : 88 days

I do not pass the substantial presence test on H1B status (I guess the minimum required is 183 days).

So, 1) do I qualify as a non-resident for tax purposes ?
2) Can I file the 1040NR/1040NR-EZ form for federal returns (my dividend/interest income is less than $1500)
3) Do I have to file the dual status return?

I found that I cannot claim any standard deduction (Tax Treaty 21(2) for Indian nationals). Is this correct ?

Sorry for too many questions, but I hope to get few doubts cleared.
Thanks a lot.:)

[AtlantaTaxExpert]

1 & 2) You are a non-resident alien; file Form 1040NR-EZ.

3) You CAN file dual-status, but it will likely produice NO tax benefits.

Actually, you CAN claim the standard deduction under Article 21(2).

[deepsam207]

ATE,
Thanks a lot for your answers. I guess, I do not need the form 8843 anymore since I am out of grad school. This will make filing my federal tax return a lot easier.

Deep

[AtlantaTaxExpert]

You MUST file Form 8843 ONE LAST TIME with your tax return.