[jose_m_quintero]

Hello, based on the info below -Atlanta TaxPayer Expert - you said my F-1 visa status expired on Jan 04. My New question is: Is this true even though I was given an F-1 visa with an expiration date of May-30-2005?
Thank you very much!!

I have been in the US since August 2000. I started college in South Carolina and then transferred to school in Atlanta, GA on Jan 2003.

I was on OPT from May 16, 2005 until Jan 07, 2006. On Jan 07, 2006 I started using my H1B status. I currently reside in Atlanta, GA.

Between Jan 05 - Present I have not left the United States.
My employer does take medicare and ssn from my paycheck every 2 weeks.


1- Do I qualify as a resident for Tax purposes?

2- If so, what form(s) must I fill out?

3- If not, can I fill out the 1040NR-EZ or does it have to be the 1040NR?

4- I received a 1098-T form. How do I know if I qualify for any deductions or credits regarding the "Lifetime Learning Tax credits and/or the Higher Education Tuition and Fees deduction"?

5- Are the previous just applicable to residents and citizens?

Your guidance is much appreciated.

[AtlantaTaxExpert]

Yes. You can claim status as an "exempt person" for only five years while on F-1 status. Even if you were I n country for only part of 200, that counts as a full year. Hence, your exempt status under F-1 visa ended on 31 December 2004.

You should file as a resident alien for 2005.