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    anniesen's Avatar
    anniesen Posts: 1, Reputation: 1
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    #1

    Jan 8, 2006, 05:12 PM
    H1B visa and taxes query
    Hi! I have been reading numerous posts regarding the dual status nature of one's tax return.

    I have been in the US since Aug 2000 and my F-1 visa expired in June 2005. I was working on my opt since July 2005(till oct) and got my H1-B visa on Oct 2005. As per what I have read so far, I understand I do not pass the substantial Presence Test since I got my H1B visa in Oct this year. So, should I just file a 1040NR form? I will have 2 W-2s-one from my university till June 2005 and then from my present employer for the period July-Dec 2005. How should I show my H1B visa income on my 1040 NR form? Should I add the total income from both W-2s and then complete only one form?

    Thank you for any assistance in this matter.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 8, 2006, 08:43 PM
    Anniesen:

    Though I am not an immigration official or attorney, it is my understanding that the succeeding visa takes effect retroactive to the date after the old visa expires, in which case your H-1B visa actually took effect in June. Even it that is NOT the case, your exempt status from the Substantial Presence Test expired with the F-1 visa, so, In my opinion, you do qualify as a resident alien and should file Form 1040.

    You combine the W-2s and report the sum of Box 1 on each form as your total wages.
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