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    itsmesiva's Avatar
    itsmesiva Posts: 1, Reputation: 1
    New Member

    Feb 9, 2007, 08:54 AM
    New Orleans
    Hi Tax Expert,

    I went to grad school in New Orleans and am one of Katrina evacuees. I was on F1 status from Jan 2002 till May 2006. I evacuated during Katrina and so my graduation was deferred to May 2006. I have been working full time since October 2005 on OPT which got recently converted to H1-B status starting October 2006. For 2006, I have one W2 from my employer. I have a few qns:

    1) Which form do I fill - I have been in the US since Jan 2002? Can you please tell all other forms that I need?
    2) Since I was a student for part of last year (on OPT till Sep 2006 and officially graduated in May, 2006), am I eligible for the India-US treaty deduction?

    Thanks for your help !

    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert

    Feb 9, 2007, 03:32 PM

    1) You are still a non-resident alien because you failed to meet the Substantial Presence Test for 2006. File Form 1040NR or 1040NR-EZ.

    2) Yes, you can still claim the $5,150 standard deduction as allowed under the U.S.-India Income Tax Treaty.

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