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nanaeuph · Mar 5, 2012, 01:37 AM

Hello, I am currently working in the U.S. Under my OPT. I am trying to find out what forms I need to file.

I came to the U.S. On a F-1 visa in January 2007. I obtained OPT in July 2011. I have been working since August 2011.

At this point in time, I have been in the U.S. On my F-1 visa for more than 5 years. Am I still considered as a nonresident alien for tax purposes since I am on F-1? Which I need to file the form 1040-NR?

newacct · Mar 5, 2012, 04:04 AM

How is it more than 5 years? Isn't 2011 your fifth year: 2007, 2008, 2009, 2010, 2011? So for 2011 taxes, you should still be a nonresident (unless I'm missing something).

nanaeuph · Mar 7, 2012, 03:51 PM

Thank you for your reply.
So the form I need is 1040NR-EZ, correct?
Do I need anything else?

newacct · Mar 7, 2012, 04:03 PM

Yes, basically. You also need 8843 to exempt F1 days from the substantial presence test

nanaeuph · Mar 7, 2012, 05:10 PM

Okay, thank you!

nanaeuph · Mar 15, 2012, 01:20 PM

Hi, I have an another question. This year is my sixth year of staying in the U.S. on an F-1 visa. I started working on my OPT last July. I will be leaving for my country permanently this summer. My question is how can I maintain being a nonresident alien for 2012 taxes and be able to get refund for Social Security and Medicare when I file taxes next year?

MukatA · Mar 15, 2012, 07:41 PM

For 2011 you will file nonresident tax return and form 8843. If you stay out of U.S. for more than one year in your country and return back to U.S. on F-1, you may be able to claim nonresident status.