[itsmesiva]

Hi Tax Expert,

I went to grad school in New Orleans and am one of Katrina evacuees. I was on F1 status from Jan 2002 till May 2006. I evacuated during Katrina and so my graduation was deferred to May 2006. I have been working full time since October 2005 on OPT which got recently converted to H1-B status starting October 2006. For 2006, I have one W2 from my employer. I have a few qns:

1) Which form do I fill - I have been in the US since Jan 2002? Can you please tell all other forms that I need?
2) Since I was a student for part of last year (on OPT till Sep 2006 and officially graduated in May, 2006), am I eligible for the India-US treaty deduction?

Thanks for your help !

Siva

[AtlantaTaxExpert]

Siva:

1) You are still a non-resident alien because you failed to meet the Substantial Presence Test for 2006. File Form 1040NR or 1040NR-EZ.

2) Yes, you can still claim the $5,150 standard deduction as allowed under the U.S.-India Income Tax Treaty.