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    collegian's Avatar
    collegian Posts: 57, Reputation: 1
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    #1

    Mar 24, 2013, 08:57 PM
    F-1 on OPT to H-1B in 2012, what forms should I use?
    Hello,

    I was on F-1/OPT from January to September last year. My employer petitioned for my H-1B in April and it got approved in August. However, it came into effect on October 1, 2012.

    Should I continue filing as a non-resident alien and file 1040 NR-EZ and 8843? Also, what do I fill in the students section (Part - 3) of 8843 since I wasn't part of the school last year.

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 24, 2013, 09:07 PM
    You will file Form 1040NR-EZ and 8843 ONE LAST TIME. Submit them as if you were on F-1 visa for the entire year, except for the part on page #2 of Form 1040NR-EZ where they ask about changes to your immigration status.

    There you put CONVERTED FROM F-1 TO H-1B VISA ON 1 OCTOBER 2012.
    collegian's Avatar
    collegian Posts: 57, Reputation: 1
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    #3

    Mar 24, 2013, 09:16 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    You will file Form 1040NR-EZ and 8843 ONE LAST TIME. Submit them as if you were on F-1 visa for the entire year, except for the part on page #2 of Form 1040NR-EZ where they ask about changes to your immigration status.

    There you put CONVERTED FROM F-1 TO H-1B VISA ON 1 OCTOBER 2012.
    Cool, thanks for the reply. I was going through the forum and found out that being from India I can make use of the $5950 standard deduction on line 11 in 1040 NR-EZ. Can I amend my 2011 tax return with that as well (I was on F-1 the whole year) or is it too late now?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 24, 2013, 09:43 PM
    No, you have until 15 April 2015 to amend your 2011 tax return.
    collegian's Avatar
    collegian Posts: 57, Reputation: 1
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    #5

    Mar 25, 2013, 05:43 AM
    Thanks again. This is a great forum helping out people.
    collegian's Avatar
    collegian Posts: 57, Reputation: 1
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    #6

    Mar 25, 2013, 08:37 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    No, you have until 15 April 2015 to amend your 2011 tax return.

    Also, do you have any idea since when this treaty has been in effect? I had been using cintax/glacier while in school on F-1 but using them I never claimed the $5950 standard deduction.

    So, going by the 3 year rule can I amend by 2009 and 2010 tax returns too? Also, was the S.D. different for those tax years? Sorry, I know I'm asking a lot of questions.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    Mar 25, 2013, 07:56 PM
    The standard deduction changes every year, but the rule allowing you to claim the standard deduction has been around since probably before you were born.

    Yes, you can amend 2009 and 2010, but do 2009 FIRST, as that has a HARD deadline of being submitted BEFORE 15 April 2013. After that date, all refunds are forfeited.
    collegian's Avatar
    collegian Posts: 57, Reputation: 1
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    #8

    Mar 26, 2013, 11:48 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    The standard deduction changes every year, but the rule allowing you to claim the standard deduction has been around since probably before you were born.

    Yes, you can amend 2009 and 2010, but do 2009 FIRST, as that has a HARD deadline of being submitted BEFORE 15 April 2013. After that date, all refunds are forfeited.
    Haha nice. Thanks again!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #9

    Mar 26, 2013, 06:51 PM
    Glad to help!
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