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    manojs1234's Avatar
    manojs1234 Posts: 6, Reputation: 1
    New Member
     
    #1

    Mar 24, 2008, 06:58 PM
    F1 to H1B status on the same year
    Hello,

    I was on my OPT (F1 Visa) from Jan 07 to Sep07 during which I earned income and on H1B from Oct 07 onwards. I did not paid the FICA taxes during my OPT period. When I tried using software like TaxAct, it does not recognize the change in my visa status and says that I have paid less taxes. Basically it considers me in H1B category from Jan 07 which is not correct. Now I am thinking of doing it manually, but not sure about how to show different visa status in 1040NR form. Can you please help?

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

    Mar 25, 2008, 02:36 AM
    If you are single, you will file nonresident tax return. Most software don't do nonresident tax return.
    You will report all the income for 2007. For OPT income, you will claim treaty deduction.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #3

    Mar 25, 2008, 05:03 AM
    Quote Originally Posted by manojs1234
    hello,

    I was on my OPT (F1 Visa) from Jan 07 to Sep07 during which I earned income and on H1B from Oct 07 onwards. I did not paid the FICA taxes during my OPT period. When I tried using software like TaxAct, it does not recognize the change in my visa status and says that I have paid less taxes. Basically it considers me in H1B category from Jan 07 which is not correct. Now I am thinking of doing it manually, but not sure about how to show different visa status in 1040NR form. Can you please help?

    Thanks
    Manoj
    It depends on when you first came to the US. If you are still what is called an exempt individual, then you have not met the SPTdividual, and you will not be resident. In that case you should file a non-resident return for 2007.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Mar 25, 2008, 05:21 AM
    Based on the information provided by manojs1234, he is nonresident for 2007.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #5

    Mar 25, 2008, 06:03 AM
    Quote Originally Posted by MukatA
    Based on the information provided by manojs1234, he is nonresident for 2007.
    As I pointed out, more information is needed here.

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