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    cherir83's Avatar
    cherir83 Posts: 3, Reputation: 1
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    #1

    Apr 9, 2007, 05:11 PM
    Am I a resident / non-resident alien? What forms do I file?
    I am an Indian national. I came to the U.S in Aug 2004 on an F1 visa. I converted to OPT status on February 13, 2006 and earned substatntial income on this status. My status convered to H1-B valid from 1st October,2006.

    Do I file dual-status taxes? - does this mean I still get the 4850$ standard deduction for indian nationals / what other tax benefits can I claim?
    Am I eligible for the first year choice?
    Do I file as a non-resident alien?
    Do I file as a Resident alien?

    What forms do I have to fill out in either case?

    I went to an H&R block branch in Texas and they had no idea what to do, nenverthless charging me with a whole bunch of $$$. I haven't submitted my forms yet and would certainly appreciate nay help in doing this right.:confused:
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Apr 9, 2007, 05:52 PM
    Quote Originally Posted by cherir83
    I am an Indian national. I came to the U.S in Aug 2004 on an F1 visa. I converted to OPT status on February 13, 2006 and earned substatntial income on this status. My status convered to H1-B valid from 1st October,2006.

    Do I file dual-status taxes? - does this mean I still get the 4850$ standard deduction for indian nationals / what other tax benefits can I claim?
    Am I eligible for the first year choice?
    Do I file as a non-resident alien?
    Do I file as a Resident alien?

    What forms do I have to fill out in either case?

    I went to an H&R block branch in Texas and they had no idea what to do, nenverthless charging me with a whole bunch of $$$. I havent submitted my forms yet and would certainly appreciate nay help in doing this right.:confused:
    File as a NR. Unless you are married - you might have different options if you are.

    You are able to claim treaty benefits relative to your time as an F1 holder.

    HR Block don't always understand the international stuff!
    cherir83's Avatar
    cherir83 Posts: 3, Reputation: 1
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    #3

    Apr 9, 2007, 06:00 PM
    Thank you for answering!

    No, I am not married and to confirm what you said earlier - I donot have to file dual status?

    And 1040 NR is the only form I have to file? Do I have to file 8843 also?

    Thanks!:)
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #4

    Apr 9, 2007, 06:02 PM
    Yes, along with 1040NR also submit your 8843. In effect, the 8843 is what makes you NR, as you were here on a student visa less than 5 years.

    Did Block tell you to do dual status? Might be worth asking for a refund :)
    cherir83's Avatar
    cherir83 Posts: 3, Reputation: 1
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    #5

    Apr 9, 2007, 06:13 PM
    H&R Block was going to file me as a resident alien just because I had a SSN. I did some research and brought home the point that I could possibly be a dual status case and they were even more confused than ever. Instead of looking into the matter (or maybe they did) they took my word for it and filed me as a dual status case (in the mean time attaching my state tax copy to my federal 1040 form-:mad: ) and they attached a schedule A form with it.

    *rolling eyes* their incompetence apart, there was greed involved too when they tried to charge me an extra amount of money because I was a special case. Grrr!

    Block bashing aside - Thank you so very much for your help!

    1040 NR and 8843 for me it is!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 17, 2007, 12:12 PM
    TTE has covered it all, though I believe his attitude regarding H&R Block is somewhat understated.

    "Clueless" comes to mind regarding H&R Block and non-resident tax filing.
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