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    deepankr's Avatar
    deepankr Posts: 5, Reputation: 1
    New Member
     
    #1

    Feb 19, 2008, 12:33 PM
    Tax query, F1 to H1, no OPT
    Hi ,

    I was on F1 till the end of my MS(20th MAy, 2007) after which I got an Academic H1b from the next day. I did not have an OPT. So, I was partly on F1(from JAn-MAy20, 2007) and on H1 afterwards till the end of 2007 without OPT.

    Do you guys know how's and what's of the taxes I should file.
    I came as a student(f1) in Aug 2004 and therefore haven't completed my 5years total yet (I know there is some 5 yr limit after which you can/cannot file in a certain category, I am not sure though).
    All my past years(2004-2005-2006), I have filed 8843, 1040NREZ and CA540NR(for state).

    Can anyone help how can I take care of the part year F1, part H1? And does not having OPT matter? And can I claim the tax rebate the IRS is giving out this year?

    Any help would be greatly appreciated.

    Thanks
    Deep :confused:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 5, 2008, 02:16 PM
    You are a dual-status alien and must file a dual-status tax return for 2007.

    If you are single, that is your ONLY option.
    deepankr's Avatar
    deepankr Posts: 5, Reputation: 1
    New Member
     
    #3

    Mar 5, 2008, 03:47 PM
    Quote Originally Posted by AtlantaTaxExpert
    You are a dual-status alien and must file a dual-status tax return for 2007.

    If you are single, that is your ONLY option.

    Hi Atlanta,

    Thanks very much for your answer. Could you please tell me if I should file as a resident or nonresident for tax purposes? (And what forms are there for dual status filing? Any other info/advise would be greatly appreciated.

    Also, given my situation and my stay (from aug 2004-may2007 F1 and Jul 2007-present H1) total is no 5 years yet, do you think I am eligible for the tax rebate they are talking about this year?

    Thank you very much for your answer. It would be of immense help if you could clarify some of these queries.

    Thanks a lot again
    deepankr
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Mar 6, 2008, 03:36 AM
    You will file resident tax return and write Dual Status on the top. You will only get exemption of $3,400 and itemized deductions for H1 period.
    If you have any income during F1 you will also do nonresident return for F1 period. You will get treaty benefit on your nonresident return.

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