[megsri]

I am one more on the list of OPT to H1B (from India)

I was on OPT till June 2007 (and less than 5 years on F1, so a non-resident)

I re-entered the country on Sept 27, 07 on a H1B (<183 of substantial presence)

Thus I was planning to file as a non-resident using the forms 1040NR and 8843 (single and no-dependents)

I live in a high state tax place (CA).

a) So are they any benefits in filing itemized deductions versus standardized deductions (assuming I can use only one of the two).
b) How do I calculate which one to file with

Also, are there any benefits to
c) waiting till April and filling as a resident (using the first year rule)
d) waiting till April and filling as a dual-status resident (does this apply?)

Thanks

[AtlantaTaxExpert]

You should file as a non-resident alien.

Since you are from India, you are allowed to claim the $5,350 standard deduction, UNLESS your itemized deductions are higher, which they may be in California.

You can only file as a resident alien if you ARE MARRIED. If you are single, you do NOT have that option.

Filing as dual-status IS an option, but it offers NO tax advantages in 95% of the cases.

[varaug]

I'm in similar situation and I am married. Will it make sense for me take the First Year Choice?