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    dcguy1's Avatar
    dcguy1 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 13, 2006, 05:12 PM
    H4-F1-H1 Tax Question
    I entered US in 1999 on H4 Visa. I changed my status in Dec 2001 to F1 student. My status changed again in Oct 2005 to H1-B.

    I was on F1 status for less than 5 yrs. So I should be filing for 2005 as a non-resident and filing forms 1040NR-EZ and 8843 only. Is that right? If so, am I eligible for the India Tax Treaty and standard deduction of $5000? (I tried using CINTAX and it did not allow me the standard deduction.)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 13, 2006, 05:44 PM
    You are correct. Your status change to H-1B is too late to qualify to file as a resident alien, so you must file as a non-resident alien.

    You can claim the $5,000 standard deduction authorized under the U.S.-Indian Tax Treaty.

    The problem with the CINTAX program has been noted on this forum. The CINTAX program does not do F-1 to H-1B conversions.
    dcguy1's Avatar
    dcguy1 Posts: 2, Reputation: 1
    New Member
     
    #3

    Mar 13, 2006, 05:52 PM
    Thanks a lot ATE.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Mar 14, 2006, 07:37 PM
    Glad to help!

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