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    100union's Avatar
    100union Posts: 3, Reputation: 1
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    #1

    Mar 16, 2008, 01:30 PM
    Tax filing after F1 to H1b transition
    Hello,
    I changed from F1 OPT to H1b status in October 2007. My company also initiated a PERM application towards residency on my behalf. What form I should file for my federal income tax return ? Do I still qualify for 1040 NR ? Can I file 1040 NREZ?

    Help is much appreciated,

    Mahesh
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Mar 16, 2008, 01:46 PM
    How long have you been on F1? Assuming you've not exceed the time, you will still be NR for 2007.
    100union's Avatar
    100union Posts: 3, Reputation: 1
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    #3

    Mar 16, 2008, 06:08 PM
    Thanks Texas Tax Expert,
    I have been on F1 from August 2004 to September 2007, including one year of OPT. I don't know what the time limit for NR is, is that within the limit?

    -Mahesh
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #4

    Mar 16, 2008, 06:30 PM
    You should file a 1040NR -- you are a non-resident for 2007.
    100union's Avatar
    100union Posts: 3, Reputation: 1
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    #5

    Apr 10, 2008, 11:14 PM
    Hello,
    Another quick question - one of my office colleagues told me that I should file with dual tax status for 2007. But looking at the tax form instructions, Im not quite sure that I should.

    I want to file correctly keeping in mind that I have initiated the green card process this year.
    Please enlighten.
    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #6

    Apr 11, 2008, 05:13 AM
    No you did not complete 183 days on H1-B so for 2007 you will file nonresident tax return with Form 8843.

    In 2008 you will file resident tax return
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #7

    Apr 11, 2008, 05:21 AM
    Your colleague is not correct. You are not dual status. You may be in a position to elect dual status but this is generally not a good choice.

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