[raghunas_2008]

Hi,

I would really appreciate your answers to a couple of my questions.

Here is my background with regards to my visa status and presence in the United States:

Aug 2006 to Feb 2008 - F1 Student
Jun 2008 to Sep 2008 - F1 student working on OPT
Oct 1st 2008 to Current - I am on H1 visa

I want to file my 2008 returns as a resident alien instead of non-resident because as a resident alien I will become eligible to receive Recovery Rebate Credit ($600).

1. Will the IRS give the recovery rebate credit to me given that I will be making a First Year Choice and filing the returns after Apr 15th 2009 (but before Oct 15th 2009)?

2. When (what date in 2009) will I become a resident alien? Apart from a 3 -week period between (Dec 25th 2008 - Jan 17th 2009) I have been in the US on a H1 visa on all days between Oct 1st 2008 till today and will most likely be in the US on all days in 2009.
Should I be counting 1/3 the number of days of my presence on H1 visa in 2008 and all days of my presence in 2009 till I clock 183 days?

Thanks in advance!

[MukatA]

If you are single, you can only file nonresident tax return. You will not get recovery rebate.

[raghunas_2008]

If you are single, you can only file nonresident tax return. You will not get recovery rebate.

So, are you saying that I will not able to make a first year choice because I am single OR I am not eligible for recovery rebate because I am single?

Btw, the rebate calculator on IRS website does show that I will be eligible if I file with a 1040A.


Thanks!

[AtlantaTaxExpert]

You are NOT eligible for the RRC because you are a non-resident alien for 2008