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    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Mar 26, 2009, 04:24 AM
    H1B is not stamped, do I need to file 1040 C
    My situation is,
    I was on OPT till Sept 08, then I got H1B from Oct 08, I worked in US till Nov 08 and the came back to India on Nov 08 end. My H1B was not stamped while combing back to India, My I 94 helds F1 status while departing from US, Do I needded to file 1040C? As I was not thinking for staying back to India that time I did not enquired about departure nonresident ailen. Do I need to send form 1040C to US by courier? Or I need not to submit it?

    Please Help...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 14, 2009, 02:58 PM
    File as a non-resident alien, filing Forms 1040NR-EZ and 8843. That will replace the Form 1040C.

    If you need professional help, email me at [email protected].
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Jun 12, 2009, 01:31 PM

    You will not be treated as a resident alien because you were only treated as present in the U.S. after your H1B and until you left. Thus, you will not meet the substantial presence test and cannot elect to be treated as a resident. You should file Form 1040NR.
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