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    Maksimus's Avatar
    Maksimus Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 14, 2008, 05:35 PM
    Do I file as a non-resident or a resident?
    I was on F1 status from Jan 1999 to December 2002. Did my optional practical training from Feb 2003 to Aug 2003. Then was on H1B1 status from Aug 2003 to June 2007. Now I have been on F1 status from Sept 2007.

    Do I file as a non-resident or a resident?

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 14, 2008, 06:40 PM
    You will file resident tax return.

    This is from line 12 of Form 8843:
    Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar years?
    If you checked the “Yes” box on line 12, you must provide sufficient facts on an attached statement to establish that you do not intend to reside permanently in the United States.
    Maksimus's Avatar
    Maksimus Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 14, 2008, 06:59 PM
    Thank you!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Apr 16, 2008, 11:46 AM
    If you decide to file resident tax return during F1/OPT, then your income is subject to FICA taxes.
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