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

    Mar 25, 2006, 12:58 PM
    Help needed
    Hello,
    My name is Kadam and I am going to file taxes for 2005 soon. I was on OPT from July 2004 to July 2005. Then I applied for H-1B which got approved Dec 23rd 2005 but I joined employer only on Jan 1 2006. I did not work between July 2005 and Dec 2005. I have worked on OPT for just 3 months in the whole year of 2005 from April to July 2005.

    What I wanted to ask is that am I correct in filing 1040 NR EZ and 8843 forms only for those 3 months of work on OPT. And what benefits can I claim for those 3 months. Can I only use the treaty exemption and how much is that treaty exemption. Can I use it even though I have worked for just 3 months and not for the whole year. Will the treaty deduction be less then.

    Also my wife is a Green Card holder and both of us are filing separately.

    My time line. Came to U.S on Aug 23rd 2001 on F-1 visa. OPT from July 2004 to July 2005. H-1b from Dec 23rd 2005 onwards.
    My employer during OPT did not charge SS on W-2 but took Medicare withheld about $150. Can I file form 843 to get that $150 back also.

    Any other deductions I can use. Thank you for all your help.

    Kadam.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 25, 2006, 11:32 PM
    Kadam:

    Yes, you should file as a non-resident alien, even though you only worked for 3 months. You can claim the $5,000 standard deduction as a treaty exemption under Article 21(2).

    You can get the withheld Mdicare taxes by filing Form 843.

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