[liberationmind]

From August 10 2005 until August 10 2007 I was on F1
I visited India and then started on H1B from September 27 2007.
I was in India again from April 10 2008 to May 5 2008.
I am trying to file my 2008 taxes and I have a couple of questions.

1. Do I qualify for Resident status or should I file Dual Status?
2. What forms should I file (I have only 1 W-2 from my employer).

Any input is truly appreciated.

[liberationmind]

I have this question mainly because I found these 2 contradictory clauses in Pub 519.

I was a non-resident in 2006 but I clear the substantial presence test in 2007

If you are a U.S. resident for the calendar year, but you were not a U.S. resident at any time during the preceding calendar year, you are a U.S. resident only for the part of the calendar year that begins on the residency starting date. You are a nonresident alien for the part of the year before that date.


If you meet the substantial presence test for a calendar year, your residency starting date is generally the first day you are present in the United States during that calendar year.

What is my residency starting date??

[MukatA]

You are single and you did not complete SPT during H1-B period, so you can only file non-resident tax return. You will also file Form 8843 for OPT period.

On your OPT income you will get deduction based on tax treaty between the U.S. and your country. Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[liberationmind]

First of all, I want to thank you for responding to my post.

I made a small mistake on my previous posts..

I was a non-resident in 2006 but I clear the substantial presence test in 2007
I was a non-resident in 2006, 2007 but I clear the substantial presence test in 2008

Moreover, I never was on OPT. I had my H1b approved even before I graduated. So I started work the very first day (September 27 2007) on H1B.

I am filing taxes for the Year 2008.

From my understanding, I have resided in the US
1. On H1b for 95 days in 2007
2. On H1b for 340 days in 2008.

For SPT, I have been on 31 days in 2008 and 183 days including 2008, 2007.
Do you still think I should be filing as a Non Resident?

Thanks

[AtlantaTaxExpert]

When you started your H-1B visa, your physical presence in the U.S. for all of 2008 is NOT required to be considered a resident alien.

Hence, you should file as a resident alien for 2008.

[liberationmind]

Thanks Atlanta Expert...
I am finally clear that I need to FILE As resident alien and NOT WORRY ABOUT DUAL STATUS.
Thanks once again..

[AtlantaTaxExpert]

Glad to help!