[kiloday]

Hi,

Here is my situation:
F-1: 2000-2004 (but my F-1 status went until 2005)
Was on OPT from June 1 2004 to May 31 2005)
Stayed in US until July 31st and went back to India to return with H-1b that started on Oct 1st.

From your discussions,
1. it seems that I do not pass the SPT since I was on H1 for less than 183 days (Correct?)
2. I have to File the 1040NR-EZ + 8843
3. While I was on OPT my boss was paying me by personal check (upto May 31st)... so I am assuming that I should not have a W-2 for this. I only have received a W-2 for Oct to Dec. Therefore, I have to use these numbers only when filling correct as there is no record of OPT income?
4. I can claim the $5000 and $3200 deductions?

Any help would be appreciated.

[AtlantaTaxExpert]

1) If your enetered the country in 2000, your F-1 status for the SPT ended on 31 Dec 2004. That means you met the Substantial Presence Test in 2005 and, you must file as a resident alien.

2) You file Form 1040, 1040A or 1040EZ. Do not mfile Form 8843.

3) The fact that you got paid by personal check does not change the fact that you earned this income and must pay income taxes on it. You should report the income earned from 1 Jan to 31 May 2005.

4) Yes, as a resident alien, you can claim these deductions.

[kiloday]

FYI: My F-1 dates are 5/30/2000 to 5/29/2005. I entered the country in August 2000. Does this still mean that I pass the SPT?
Also, I have to fill the 1040 and either the 1040A or 1040EZ?

Thanks

[AtlantaTaxExpert]

Yes, you pass SPT and should file the Form 1040, 1040A or 1040EZ.