[merida]

Hi,

I am in confusing situation and would love to get some advice.

I am in Indian citizen who came to the US in 2002 on F-1
In 2007, I was in F1/OPT until October and had both 1042-S income and regular income.
I was under H-1 after that point with income.

I understand that I can file as a non-resident if I was in H1 status for under 183 days, however this is complicated by the fact that I have been here for more than 5 calendar years.
1. Can I file as a non-resident?

If I do file as a resident :
1. Where do I enter the 1042-S income and address it?
2. Can I claim the increased standard deduction for Indian students?

Thank you!

[MukatA]

On F1 you are exempt for 5 years. Normally you will file resident tax return.
Form 1042-S is used for reporting all sort of income to nonresidents. Why is the income for? See code in Box 1.

[merida]

The 1042 is for scholarship income. I also have a W2 from the university while I worked there and a W2 from my current employer (who I worked with on OPT and after my H1)

If I elect to file as a resident:
1. do I have to wait till June/July?
2. Can I claim the increased standard deduction for Indians through tax treaty 21(2)?

[merida]

The code in box 1 is 15.