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    Fullspan's Avatar
    Fullspan Posts: 16, Reputation: 1
    New Member
    		  
    #1

    Feb 1, 2008, 07:35 PM
    OPT then H1B in Taxes treaty resident non-resident
    Hi guys,

    I was reading your posts and found that you were great help for others. I have one short question whether I should file as resident or non resident. Here is my information

    F-1 Status: Jan, 2007 till 1st of Oct,2007
    H-1B Status: 1s October, 2007 till now

    I was paying medicare and social security taxes while I was on OPT but was refunded when I asked my company.
    I started paying those taxes again when I got my H1-B.

    I'm Pakistani, if I file non resident I get only treaty Tax exemption of 5000$ and 3400$ of standard exemption. Total 8400$.


    How can I file as a resident? And how much total exemption would I have. Can I file as resident this year 2008?

    I will really appreciate your help.

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

    Feb 2, 2008, 07:47 PM
    You will file as nonresident for 2007. If you stay on H1-B in 2008, then you will file as resident.
    You will get exemption of $3,400 and deduction of $5,000 as per tax treaty between Pakistan and the U.S. You will also file form 8843.
    Fullspan's Avatar
    Fullspan Posts: 16, Reputation: 1
    New Member
    		  
    #3

    Feb 2, 2008, 11:34 PM
    Thanks MukatA... I really appreciate your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 4, 2008, 10:36 AM
    MukatA's answer assumes that you are not married. If this is true, then his advice is valid.

    If you ARE married, you can file jointly with your wife and you BOTH choose to be treated as resident alien. It will require that you wait until June 2008 to file, but you get an additional $9,100 in tax exemptions.
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