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    gnagpal's Avatar
    gnagpal Posts: 5, Reputation: 1
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    #1

    Mar 1, 2007, 12:24 PM
    F1 to Opt to H1
    Hi,

    I came to the US (Maryland) from India in Aug 2002 on F1 visa and applied for OPT in 2006. Graduated in May 2006, changed to OPT status in June 2006 and started work also in June 2006 (in New York). Got my H1 Visa on Oct 01, 2006. What tax forms should I be filing?

    I paid almost $10K in tuition in Jan 2006 but didn't not receive form 1098T. I also worked at my university from Aug 2002 to May 2006 on F1 status. Can I still deduct this somehow?

    Thanks!
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
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    #2

    Mar 1, 2007, 03:23 PM
    As it currently stands, you are a non-resident for 2006. If you are married, there may be the possibility of making some elections to allow you to be a resident all year.

    As a NR, you should not have been paying FICA. Hopefully that is taken care of, but if not then you need to file to get it back.
    gnagpal's Avatar
    gnagpal Posts: 5, Reputation: 1
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    #3

    Mar 1, 2007, 03:28 PM
    Quote Originally Posted by gnagpal
    Hi,

    I came to the US (Maryland) from India in Aug 2002 on F1 visa and applied for OPT in 2006. Graduated in May 2006, changed to OPT status in June 2006 and started work also in June 2006 (in New York). Got my H1 Visa on Oct 01, 2006. What tax forms should I be filing?

    I paid almost $10K in tuition in Jan 2006 but didnt not receive form 1098T. I also worked at my university from Aug 2002 to May 2006 on F1 status. Can I still deduct this somehow?

    Thanks!
    Thanks for your reply. I am not married. I was FICA exempt until my status changed to H1B in October. Are you suggesting that I should have been FICA exempt from Oct 01 to Dec 31?
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
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    #4

    Mar 1, 2007, 03:41 PM
    No, sorry but my answer was badly worded there -- you should just be FICA exempt up during F1 and OPT. Once on H1B, FICA kicks in.
    gnagpal's Avatar
    gnagpal Posts: 5, Reputation: 1
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    #5

    Mar 1, 2007, 03:49 PM
    Quote Originally Posted by taxsearcher
    No, sorry but my answer was badly worded there -- you should just be FICA exempt up during F1 and OPT. Once on H1B, FICA kicks in.
    If you read AtlantaTaxExperts post titled "Criteria for Dual Status Filing" I should be filing as a resident alien. What do you think of that post?
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
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    #6

    Mar 1, 2007, 03:54 PM
    If you were on F1 up until October 1 (which is how I read your original post) then you do not meet the SPT for 2006. This means you are non-resident at the end of the year.

    If you want to, you can wait until you meet the SPT in 2007 and then elect to file as a dual status alien for 2006. This would generally not be particularly advantageous, although every case is different.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Mar 3, 2007, 03:32 PM
    It has been my experience to date that filing dual status over non-resident is advantageous MAYBE 5% of the time.

    As TaxSearcher noted, each case is different, but, more than likely, you should file immediately as a non-resident alien.
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