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    priyanka89's Avatar
    priyanka89 Posts: 3, Reputation: 1
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    #1

    Apr 13, 2005, 05:41 PM
    Filing 1040 and 1040 NR
    If I earn part of my income on my OPT and part on my H-1, can I use the India deductible of $4500 for my OPT part of the income, and $4850 std deductible for the H1 part of the income?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 14, 2005, 08:01 AM
    Priyanka89:

    Negative. If you are filing dual status (see my latest post on this in green and red type), you can claim the standard deduction up to the amount of income earned while under F-1 status, but not more than $4,850. You can also claim a personal exemption of $3,100.

    BOTH the standard deduction and the personal exemption are claimed on the Form 1040 (which is the actual tax return being filed), not the Form 1040NR (which is only a "dual-status statement").

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