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    doya's Avatar
    doya Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 12, 2007, 05:10 PM
    TAX Exempt for OPT/H1b visa holder
    I have been working in New York from November of 2005 with OPT visa (F-1) and got H-1 visa in October, 2006.
    I was told I should file tax as a non-resident for 2006 but I'm wondering if I can still claim exempt as a student for the time I worked as a OPT holder. (I did not claim it for 2005)
    And in that case, which forms should I use?

    Please help me!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 15, 2007, 10:52 AM
    You CAN file as a non-resident alien for 2006 because you have NOT met the Substantial Presence Test.

    However, if you filed as a resident alien in 2005, you filed incorrectly and muist fix that BEFORE you file in 2006.

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