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    saurabh000's Avatar
    saurabh000 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 24, 2007, 11:09 PM
    OPT to H1 status (dual-status?)
    Hi,

    This question has been asked a few times already, but I want to confirm.
    I have been in the US on F-1 since 2003. I was working on OPT from June 2005 to Feb 2006, and on H-1 from Mar 2006 onwards.
    Should I file as a resident or dual-status? Based on the previous answers, it seems like I should file as a dual-status, as I pass the substantial presence test.

    But reading the IRS publication
    Aliens - Residency Beginning and Ending Dates
    "If you meet the substantial presence test for a calendar year, your residency starting date is generally the first day you are present in the United States during that calendar year."

    Doesn't this mean that my residency start state is January 1, 2007, and I should file as a resident for the whole year?

    Thanks!
    Saurabh
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,815, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 25, 2007, 12:07 PM
    Saurabh:

    You started the year as a non-resident alien, and ended the year as a resident alien. SInce you met both the 31-day rule and the Substantial Presence Test, you have no option: you must file as a dual-status alien.

    This is a complex return that requires preparation of BOTH a Form 1040 and 1040NR. I recommend you get professional tax help to file.

    You will be able to file as a resident alien for tax year 2007.

    Contact me at david.kempe@visataxes.com if you want professional tax help!

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