[kkk]

Thanks for your reply.


Hi,
As per this

Link ,http://www.montana.edu/pps/Taxes/Sub...esenceTest.pdf

I am not sure whether I AM RESIDENT OR NON RESIDENT ALIEN?

Following are my status durations

F- 1 - 2.5 YRS , jan 2003- sept 2005

H1B - From OCT 2005

So I should file as resident or non resident?

Do I pass substantial presence test on H1B ?

Is the substantial presence test diffrnt for dffrnt visa status?

CAN I claim my tuition deduction of my F1 status now, while I am on H1B?

Please reply if possible.

Thanks

[AtlantaTaxExpert]

You can file immediately as a non-resident alien, but then you would NOT be able to claim the education credits/deduction.

You can wait until June 2006, then file under First Year Choice as a resident alien.

The days under F-1 visa does not qualify for Substantial Presence Test.