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    Angellin's Avatar
    Angellin Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 12, 2007, 05:27 PM
    Am I dual-Status?
    Hi,

    My OPT started from Aug 2005 to July 2006. During that year, I worked in two companies under OPT status. I left the States back to my home country, Taiwan, during the end of Aug 2006. And came back in the middle of Nov. 2006 with H1B visa. Am I dual status? Should I file Form 1040 NR and 1040 both or either one of them? Please advise. Thank you so much.
    :)



    Angel Lin
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #2

    Mar 12, 2007, 05:38 PM
    Assuming that you had not held an F1 for more than 5 years, you appear to be a non-resident. File a 1040NR.
    Angellin's Avatar
    Angellin Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 12, 2007, 07:55 PM
    Hi Taxseacher,

    Thanks so much for response and answer.
    One more point please help me clarify. For the above situation, I am working with my H-1 status from last Nov 2006. Should I file 1040 for that less-than-two-month period? Or just file 1040 NR? Please kindly advise. Thank so much. :)

    Angel Lin
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 15, 2007, 11:00 AM
    Angel Lin:

    File JUST Form 1040NR. The dual-status return is WAY too much troublke to file when you do NOT have to file it.

    For 2007, you will file as a resident alien if you stay in the U.S. (except for vacations) for the entire year.
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