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    rokirao's Avatar
    rokirao Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2006, 03:25 PM
    Dual status/ Substantial presence test
    I was working on my OPT since May to September 30, 2005 .My H1 started on October 1st, 2005. I am from India.

    As long as I was on OPT my employer did not deduct the social security and medicare taxes. From October 1st, 2005 , I have been paying these taxes. Should I file my taxes as a dual status alien ( 1040 NR + Form 8843 )
    OR

    File as a resident alien ( 1040) ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 10, 2006, 11:32 PM
    You can go either way.

    If you file dual-status, you can file immediately.

    If you file as a resident alien, you must wait until June 2006.
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