[StrongBad]

Hello ATE,

Looking at the information below can you please advise me if I should file as a R/NR, what forms I should use (1040, 1040NR, 1040NR-EZ, 8843), the deductions that I can apply and what options are the best for filing.

Citizenship - India
F1 (Bachelors) - 25/DEC/1999 to 06/MAY/2002
OPT - 12/JUL/2002 to 11/JUL/2003

F1 (Masters) - 22/SEP/2003 to 31/MAR/2005
Wages from 01/JAN/2005 to 31/MAR/2005 = $3,000 (State - FL)
OPT - 11/APR/2005 to 10/APR/2006

H1B (Approval Date) - 14/JUL/2005 to 10/JUN/2008
Wages from 14/JUL/2005 - 31/DEC/2005 = $12,900
Vacation 09/DEC/2005 - 02/JAN/2006

My employer is based in AZ and I am working in IN. So do I have to file taxes for both the states. On the W2 form income tax is withheld for the State of AZ. Also can I show deductions for the tution fee paid from JAN 2005 -MAR 2005.

Appreciate all your help.

Thank you

FS

[AtlantaTaxExpert]

FS:

You are a resident alien; the exemption under the F-1 visa lasts for only five years, so it expired n 31 Dec 2003. You should have paid Social Security and Medicare taxes for all of 2005.

You can claim the Education Credit/Deduction (whichever is most advantageous).

You should not be paying AZ taxes if you do not work in AZ. You will have to file a tax return to claim the withheld taxes, but you should contact your company's HR department and stop the withholding.

You do need to pay Indiana taxes, however.

[StrongBad]

Thanks for the quick response.

So It means that I can file using Form 1040EZ.. rite

[AtlantaTaxExpert]

Yes, if you are single or married with NO children and you basically have only W-2 income plus interest income less than $1,500.