[maverick]

Hi,
I am from India and I am in US from Aug2002(more then 3 years).
Till Sep2005 I was on F-1 and since then I am on H-1.
Till March2005 I was in California and after March I shifted to Oregon.
I have few question:--
1) Do I qualify as Resident Alien, my friends told me that I don't qualify as resident alien because I was on F-1 till Sep05 and that period is not counted towards the 180 days test period and from Oct05 till now I don't have sufficient days.
2)In either case(Resident Alien or Non Resident Alien) which all forms I need to file.
3)Since I have changed the state (CA-->OR) and I have W-2 from both of the states, so which all forms I need to file.

I am very confuse because some tax consultant tell me that I am resident alien and some say I am not Resident Alien.

I will appreciate if you can help me with that.

Thanks
Rahul.

[AtlantaTaxExpert]

Rahul:

You are actually a dual-status alien, which means you can:
- file a dual-status return (Form 1040 with Form 1040NR as an attachment)
OR
- file an extension (Form 4868) and wait until early June, at which time you can file as a resident alien (Form 1040, 1040A or 1040EZ)

You will need to file part-year resident state tax returns for CA and OR.

Contact me at [email protected] if you have more questions.