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    johnwang9999's Avatar
    johnwang9999 Posts: 15, Reputation: 1
    New Member
    		  
    #1

    May 12, 2008, 10:10 PM
    Exceptions to time test on 3903
    Hello All,

    I applied for the OPT in June 2006, thinking that I would graduate in September in time to start work on the OPT. I received my EAD card in September 2006. However, my degree completion was delayed until January 2007, and I did not start work until March of 2007. Since my OPT expired in September 2007, I only had about 7 months on the job. This meant that I did not meet the 39 week time test. However, since I was "discharged" due to completion of OPT i.e. not "willful misconduct" can I claim the exception to the time test in this case?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    May 12, 2008, 11:39 PM
    You can claim moving expenses if you moved to start your new job in March 2007.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    May 13, 2008, 08:31 AM
    Agreed; you CAN claim the moving expenses under the exception to the time test.
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