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    ohiostudent's Avatar
    ohiostudent Posts: 1, Reputation: 1
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    #1

    Feb 4, 2008, 01:32 PM
    h1b to f1. 1040 or 1040NR?
    I was on H1B from 2002 to June of 2005 and on F-1 from August of 2005. I am currently on my OPT.

    I filed 1040-EZ for my 2002, 2003, 2004, 2005 and 2006 returns.

    while filing for my 2007 returns I realized that I might have been a "non-resident" during 2006 based on the exclusion given to students. Do I need to file a 1040X for 2006? Also, in 2007 should I file 1040NR-EZ or 1040-EZ? My current employer has assumed that I am exempt from social security and medicare taxes as I am on an F-1. If I do file with a 1040-EZ will I have to pay these taxes?

    Also, I am from India and got married in 2007. My wife is from India too and came to the US on Oct of 2007. Can I treat her as my dependent and claim a spouse exemption?

    Thank you for any advice you can provide.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 6, 2008, 01:13 PM
    Yes, for 2006 you must file Form 1040X and attach a correctly-prepared Form 1040NR-EZ with the word "AMENDED" on the top of page 1.

    You ARE exempt from Social Seurity and Medicare taxes as long as this is your FIRST time on either a "F" or a "J" visa.

    Yes, you CAN claim your wife as a dependent under provisions of the India-U.S. Tax Treaty while under the F-1 visa.

    Also, for 2005, you SHOULD have filed a dual-status return. When you switched over to F-1 status, you became a non-resident alien, and if you spend even ONE DAY in non-resident alien status, you become ineligible to file as a resident alien. So another amendment for 2005 is in order.

    If you need help to do all this, email me at the address below.
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