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

    Mar 1, 2011, 12:50 PM
    F-1 to H1b COS Tax filing
    I have few questions about filing taxes. In the year 2010 I was on OPT(F1) from Jan 1,2010 - Dec 8,2010 and from Dec 9,2010 - Current date my status changed to H1b. Now, my question is on which status I have to file taxes on H1b or OPT(F1)?

    I contacted one tax consultant and they informed me that if my status changes during a year from F1 to H1b I will be considered as Resident-Alien and not as non-Resident-Alien(as on F1) and I end up owing money to IRS. Am I considered on H1b for the whole year or how? I'm a little confused so I need your suggestions.
    crazee85's Avatar
    crazee85 Posts: 82, Reputation: 1
    Junior Member
    		  
    #2

    Mar 2, 2011, 01:12 PM

    You will file as a non-resident alien, since number of days of your H-1B status was less than that required to pass the substantial presence test.
    arjunkumar's Avatar
    arjunkumar Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 2, 2011, 02:57 PM
    I came to USA in Aug 1,2006 and from Oct 6,2008 I am on OPT Status.As I mentioned for the year 2010 from Jan 1,2010 - Dec 8,2010 I am on OPT and from Dec 09,2010 my visa status is h1b. What is substantial presence test? How many days?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 3, 2011, 01:34 AM

    For 2010, you will file nonresident tax return and form 8843 and claim tax treaty deduction.
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