[confusedalot]

Dear ATE,

I have read up several posts on dual status situations arising from F1OPT-H1. Each situation is unique so I need to confirm -
Days in US
2006 - 168 (F1)
2007-365 ( F1)
2008 - 197 ( F1) + 101( H1) =298

1099- Misc for OPT period ( no taxes withheld)
W2- for H1 period ( taxes withheld)

I am a non resident alien for 2008? Is it OK to file 1040NR-EZ ( Single, no dependent, no loans)

Or do I have to file 1040NR-EZ for the OPT income and 1040-EZ for H1 income?

Also, will I have to make adjustments for the H1 income in the 2009 return? Or am I all set for 2008 as a non resident alien.

Thanks very much for your advice.

[confusedalot]

ATE( Atlanta tax expert) or any other tax experts help please.

Thanks,

[MukatA]

For 2008 you will file nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. You will report OPT income and H1-B income on the same form. Read about F1- H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[confusedalot]

MukatA,

Thanks very much for a prompt answer and the advice.
Appreciate it.

[confusedalot]

Dear MukatA,

Please confirm:
Filing a non resident alien tax return, I will need to pay social security/ medicare on the H1 income and no social security/ medicare taxes due for the F1/OPT income.

Thanks very much in advance

[MukatA]

Yes, you must pay FiCA taxes on your H1-B income.

[confusedalot]

Thanks a lot MukatA.

I appreciate the prompt advice.