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    chichiswa's Avatar
    chichiswa Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 5, 2010, 10:29 PM
    Dual status resident or first year choice as resident alien
    I came to USA with F-1 visa on 8/15/2004 and graduated for my master degree in May 2008. Then I worked in my OPT for about a year and transferred my visa to H-1B on 10/1/2009. It seems like I am dual status aliens in 2009, and not meet the substance presence test--only 139days in 2009. If I file as dual status resident, I only get around $100 refund so I am thinking of file an extension and use the standard deduction when I file 1040 for 2009 so I could get more refund. Can anyone tell me how could I file an extension? I didn't notice I have to pay the FICA SS & MC after 8/15/2009 so I didn't pay them until 10/1/2009. Right now I have 2 W-2--one is for the period 1/1/2009 to 9/31/2009 without FICA tax and one is for 10/1/2009 to 12/31/2009 with FICA tax. Should I contact HR to get revised W-2 or should I send IRS the FICA tax that I missed to pay?
    I know it sounds confusing but I am really appreciate for all your help and suggestions!
    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 6, 2010, 03:37 AM

    You will file resident tax return for 2009. You are not dual status.
    tatanalyn's Avatar
    tatanalyn Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 10, 2010, 11:14 AM
    I have similar case- I worked as OPT from July 2008 through 2009. My employer applied for my H1b was approved on December 4, 2009. Do I also file a resident tax?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 30, 2010, 11:25 AM
    You CANNOT file as a resident in 2009 even if you are married, because you did not spend at leaast 31 days in H-1B status.

    File as a non-resident alien.
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