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    indian_L1guy's Avatar
    indian_L1guy Posts: 4, Reputation: 1
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    #1

    Mar 24, 2010, 10:42 PM
    Dual Status or Resident Alien?
    Hello,

    I was working in USA on L1B visa from May 2008 till August 2009 in Texas. Since August 2009, I resigned from the company and started my higher education(Masters) from a university in California. I also changed my status from L1B to F1.
    From August 2009 till now I haven't worked anywhere. Also I have paid university fees on my own, and have received 1098-T from the university.

    I have few queries about my tax status:

    a) What is my tax status? Is it Resident, Dual or Non-Resident? Last year I filed taxes for year 2008 as Resident Alien?

    b) Also second related query is can I use 1098-T to get Lifetime or Tuition credit?

    Thanks in advance!
    indian_L1guy's Avatar
    indian_L1guy Posts: 4, Reputation: 1
    New Member
    		  
    #2

    Mar 25, 2010, 08:24 AM

    Could anyone help me, please?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Mar 25, 2010, 10:31 AM

    You can file resident tax return and claim tuition and fee deduction or education credit.
    indian_L1guy's Avatar
    indian_L1guy Posts: 4, Reputation: 1
    New Member
    		  
    #4

    Mar 25, 2010, 11:05 AM

    Thanks MukatA for your reply! However I was on F1 status on last day of 2009. Can I still file as a resident?
    indian_L1guy's Avatar
    indian_L1guy Posts: 4, Reputation: 1
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    #5

    Mar 25, 2010, 11:06 AM

    Also this seems to be a bit complicated return... Could you suggest someone who can help me with filing this?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Mar 25, 2010, 08:18 PM

    You have already completed SPT on L1 so you are resident for full year. http://taxipay.blogspot.com/2008/04/...ence-test.html
    Also, you are not temporarily in the US on F-1, so your days on F-1 are not exempt. Even during F-1, you are resident.
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