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    alisha.raheja's Avatar
    alisha.raheja Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 7, 2010, 06:45 PM
    F-1 to H1B done: 1040A or 1040 NR
    Hi

    I started working since May 2009 and got my H1B from 1st Oct 2009. So I was a F-1 (on OPT) from Jan 2009 - Sep 2009 and on H1B status for the last 3 months of 2009 (Oct-Dec)

    Which tax form should I be filing in this case? 1040 A or 1040 NR?

    I entered US in Aug 2006 on F-1 student visa and graduated in May 2009 and have been working since May 2009 (initially on F-1 OPT till Sep 2009 and on H1B from Oct 2009 onwards)

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

    Apr 7, 2010, 07:57 PM

    If you are not married, file nonresident tax return and Form 8843. You can claim treaty deduction since you have F-1 or OPT income. Your U.S. Tax Return: The U.S. Visas
    alisha.raheja's Avatar
    alisha.raheja Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 8, 2010, 03:21 AM
    Quote Originally Posted by MukatA View Post
    If you are not married, file nonresident tax return and Form 8843. You can claim treaty deduction since you have F-1 or OPT income. Your U.S. Tax Return: The U.S. Visas
    Thanks MukatA for your prompt response.

    I have mistakenly filed my tax returns online (taxact.com) and got my refund too. I am single. I understand I have to now file 1040X (amendment) along with 1040NR and form 8843.

    So should I file for 1040NR or 1040NR-EZ?

    Is there any website where I can just enter my W-2 details and get these forms prepared? I don't have time to go to a tax consultant as there are hardly 6 days left for the deadline. Please advise!

    Thanks in advance!
    alisha.raheja's Avatar
    alisha.raheja Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Apr 8, 2010, 03:40 AM

    Also don't I meet the SPT requirements as per the link: Your U.S. Tax Return: Substantial Presence Test ? I have lived in US for at least 31 days in 2009 and at least 183 days in 2009/08/07 as per the above website.

    I am single and I am from India. Should I be filing standard deductions or itemized deductions? Can I prepare my tax forms using Cintax/Glacier that I've been using since my school days?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    May 6, 2010, 02:20 PM
    Yes, you get to claim the $5,700 standard deduction under Article 21(2) of the U.S.-India Tax Treaty.

    Yes, you can use CINTAX.
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