[teena139]

Hi,
I was on OPT from Aug 2003 to May 16th, 2007 (F-1 expired on May 16th). I left on May 12th to India and got my H-1 stamped on May 14th. I didn't enter the US until mid June.

My questions
1)Do I qualify to file a dual status return(R-NR)? I was out of the country for 65 days in total in 2007.
2) In the 1040 R should I use my entry date (June 15th) as the start of the "Resident" status or should I use the end date of my F-1 status (May 16th) or when I got my H-1 stamped (May 14th)?
3) In the 1040NR form (dual return statement) on page 5 D,
Type of entry visa is F-1 and current nonimmigrant status and date of change ___________(should I enter H-1 stamp date or entry date to the US).
3) On Pub 517 page 34, there is a sample dual status return (R-NR) in which there is a refund on both forms. Is that the case? Can I claim the treaty exemptions on the 1040NR portion and an itemized deduction on the 1040R and get a refund there as well?
I am single, no kids and from India.

I would really appreciate any help with this... Many thanks.

[AtlantaTaxExpert]

1) If you exceed 183 days on H-1 status, then, yes, you must to file a dual-status return.

2) Use the date your H-1 visa went into effect.

3) Enter H-1, date H-1 went into effect.

4) Yes, you can STILL claim the standard deduction authorized for F-1 visa holders.