[kdcd]

Hello,
My name is Kadam and I am going to file taxes for 2005 soon. I was on OPT from July 2004 to July 2005. Then I applied for H-1B which got approved Dec 23rd 2005 but I joined employer only on Jan 1 2006. I did not work between July 2005 and Dec 2005. I have worked on OPT for just 3 months in the whole year of 2005 from April to July 2005.

What I wanted to ask is that am I correct in filing 1040 NR EZ and 8843 forms only for those 3 months of work on OPT. And what benefits can I claim for those 3 months. Can I only use the treaty exemption and how much is that treaty exemption. Can I use it even though I have worked for just 3 months and not for the whole year. Will the treaty deduction be less then.

Also my wife is a Green Card holder and both of us are filing separately.

My time line. Came to U.S on Aug 23rd 2001 on F-1 visa. OPT from July 2004 to July 2005. H-1b from Dec 23rd 2005 onwards.
My employer during OPT did not charge SS on W-2 but took Medicare withheld about $150. Can I file form 843 to get that $150 back also.

Any other deductions I can use. Thank you for all your help.

Kadam.

[AtlantaTaxExpert]

Kadam:

Yes, you should file as a non-resident alien, even though you only worked for 3 months. You can claim the $5,000 standard deduction as a treaty exemption under Article 21(2).

You can get the withheld Mdicare taxes by filing Form 843.