[aarti_18f]

I guess many more on the forum have this similar question. I was under F1 from Aug 2004-Aug2006, OPT from Aug 2006 to Aug 2007 and now on H1B from Oct 2007. My questions are,
1. Am I considered as a resident or non-resident.
2. Is it 1040 NR EZ / 1040 EZ for me.
3. Do I have to file 8843.
4. Can I take the standard deduction from the India-US tax treaty.

Thanks,
Aarti

[Visa Taxes Expert]

Guess many more on the forum have this similar question. I was under F1 from Aug 2004-Aug2006, OPT from Aug 2006 to Aug 2007 and now on H1B from Oct 2007. My questions are,
1. Am I considered as a resident or non-resident.

Non Resident, Since in H1B visa (Oct - Dec 07) , you do not meet the
Substantial presence test.

(Days in F1 are not considered towards Substantial Presence Test)

2. Is it 1040 NR EZ / 1040 EZ for me.

It is 1040NR EZ

3. Do I have to file 8843.

No you need not file it in H1B visa.

Form 8843 is only filed in F1,J1 visas to explain exemption status.

4. Can I take the standard deduction from the India-US tax treaty.

Yes, Since you are filing a NR return.

Hope this helps!

[MukatA]

I think that aarti_18f will file Form 8843. The standard deduction on his 1040NR is not because aarti_18f is non resident; it is because of F1 status tax treaty. aarti_18f did have OPT income in 2007.

[Visa Taxes Expert]

Yes I agree, if you have F1 income in the year, then she will file Form 8843 along with her 1040NR form.

Hope this helps!

[AtlantaTaxExpert]

MukatA's and VTE's advice is accurate if aarti_18f is single.

If he is married, he/she and his spouse can file jointly and CHOOSE to be treated as resident aliens for all of 2007. That is likely the BEST filing option, as it makes him/her eligible to claim the education credits/deductions that are NOT available to him/her if he/she files as a non-resident alien.

[aarti_18f]

I am single and working with the same company and earned income for both the OPT n H1B durations. Can I claim the 5500 for F1 students under the india us tax treaty. Also how about the 3300 or so available for all individuals.

Aarti

[MukatA]

Yes, under the U.S. and India tax treaty, under nonresident status on F1 visa you can claim standard deductions $5,350 (for 2007).
For your 2008 income you will most probably file as resident.

[AtlantaTaxExpert]

Agreed!

[Visa Taxes Expert]

Agreed!

[totoro888]

Hi, everyone, I am so happy to find some one talking about this tax issue here, I am just have exactly situation as aarti_18f. So you guys answer is very helpful,

but I have another question, maybe stupid, but I really don't know how to do that:

As you guys said, we need to file Form 8843, because of the F1 student treaty.
but now my status is H1b (after Oct 01, 2007). So there are some place on form 8843 I don't how to fill:

Part 1.
1a. Type of U.S. (for example, F,J,M,Q etc.) and date your entered the United States?
@ should I fill "F1"(even I am a H1b now?) , July 2004?

b.Current nonimmigrant status and date of change.
@ H1b 10/01/2007 ?

4a Enter the actual number of days you were present in United State during:
@ 2007_365 2006_365 2005_365
b Enter the number of days in 2007 you claim you can exclude for purpose of the substantial presence test
@_273? （I start my H1b on OCt 01, so I think from OCt- Dec, I have 92 days can counted in the 183 days test, so , here: 365-92=273 days, right?)
--------
Part 3

9. Enter the name address and telephone number of the academic institution you attended during 2007
@ I left school in August 2006, then I was OPT till Sep 2007, so I am not "attended" any and institution in 2007, but can I fill my school name? Is it cheating?

Thank you everyone for you time, ~~~~~: )

[AtlantaTaxExpert]

1a) F-1, July 2004.

b) H1B, 10/01/2007.

4a and 4b are correct.

9) Enter the school name. You were considered to be a student while on OPT.