[vees]

Hello Tax Experts,

Here is my situation

Indian citizen entered USA (Ohio) on 18/12/200 as a F-1 student. CPT started in Feb 05 and converted to H1 in May 2005 (No OPT)

a) Which forms do I fill?
c) Have two W2. One from the University and one from employer. Do they have to be filed seperatey or fedral to be combined
b) Can I claim $8200 deduction ( $3200 Pers+ 5000 Indian Citizen)
c) Can I claim moving expenses while leaving school to go to another state for job purpose which were compensated by the employer ?(maybe too greedy ;-)

Thanks.

[AtlantaTaxExpert]

Vees:

a) Form 1040.

b) Combine them.

c) Yes

d) Yes, using Form 3903. This will mandated the use of Form 1040 instead of the easier Form 1040A or 1040EZ.

[vees]

Thanks for the quick response. I am little confused

You said I should file 1040, and can take 5000+3200 deduction. But as per http://www.upenn.edu/oip/iss/tax/indiatre.html
"The treaty does not allow you to file Form 1040, 1040A or 1040EZ."

I can only take the 3200 India treaty ded if I file 1040NR which I can't as I pass the substantial test for 2005 (>183 days in 2005 as I converted my CPT to H1 in May 2005)..

So does that mean I file 1040 with only $5000 standard deduction? Thanks

[AtlantaTaxExpert]

Vees:

Since your H-1 visa status started in May 2005, you have been in the United States for more than 183 days.

June = 30 days
July = 31 Days
August = 31 Days
September = 30 Days
October = 31 Days
November = 30 Days
December = 31 Days
Total = 214 days

This being the case, you qualify under the Substantial Presence Test to file as a resident alien.

This means you file Form 1040, 1040A or 1040EZ.

Which means you can claim both your $3,200 personal exemption and the $5,000 standard deduction.

[vees]

Thank you...

[AtlantaTaxExpert]

Glad to help!