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    s_jay2002in's Avatar
    s_jay2002in Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jan 19, 2010, 06:38 PM
    F1-OPT-H1B-Dual Status
    Hello,

    I was on F1 status from 5th Aug 2007 till 10th Jan 2009. My OPT started on 11th Jan 2009 and was on H1B status from 1st October 2009.

    Following are my questions:

    - Can I file dual status returns(I have been out of US for 3 weeks in the past 2.5 years)?? If yes, what forms do I need to fill in? Also, can I claim the tax deduction under US-India treaty?

    Thanks!!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 20, 2010, 06:29 AM

    If you are not married, file nonresident tax return with Form 8843. You will get treaty deduction and itemized deductions, you will not get standard deduction. Your U.S. Tax Return: The U.S. Visas
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 20, 2010, 12:22 PM
    You CAN file dual-status if you wait until 1 June 2010, but you will get NO tax benefit by waiting.

    File as a non-resident alien for 2009, filing Form 1040NR or 1040NR-EZ plus Form 8843 one last time.
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