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    olinme's Avatar
    olinme Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 27, 2006, 07:02 PM
    F1OPT -> H1, tax form and tax treaty
    Hi,
    I was on F1 from 1998 to 2004, F1 OPT from July 2004 - July 2005, and H1 since July 2005.
    I'm working at the same job since my F1 OPT (so I have one W-2 form).

    In 2005, I was in the US with H1-B for less than 183 days, but I have been hear long enough with F1 visa, so I don't know if
    1. I have to fill out 1040NR or 1040 (Last year, I used 1040).
    2. I can apply a tax treaty for H1 holders or not (My home country (South Korea) has a tax treaty with the US for F1 students for 5 years (which I used as a student), and another tax treaty for H1-B holders (for 2 years)).

    Can anyone help me?
    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 27, 2006, 07:56 PM
    If you want to file Form 1040NR for 2005, you need to amend last year's return to convert to 1040NR for 2004. Otherwise, you must file Form 1040.

    I do not know about the tax treaty provisions. Suggest you access www.thetaxguy.com. He specializes in tax returns for visiting aliens like yourself.
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