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jjohar · Feb 19, 2006, 01:03 AM

Following are the details:

Student until (F1) : 7th July
OPT started : 8th July
H1b approved : 29th September

Which forms should I fill for my case above. I came to US in 2003 on F1.

Thank you very much for your guidance.

AtlantaTaxExpert · Feb 19, 2006, 07:35 PM

Jjohar:

You are a dual-status alien. You can file as:

- a dual-status alien (which requires both Form 1040 and 1040NR and, unless you are Indian, means you cannot claim the Standard Deduction)
Or
- a resident alien under First Year Choice (which means you file Form 1040, 1040A or 1040EZ, but you could not file until early May 2006; this option allows you to claim the $5,000 Standard Deduction).

jjohar · Feb 22, 2006, 06:22 PM

Thanks Atlanta expert for your answer. You said that unless you are an indian, you cannot claim standard deduction. I am an indian so could you please make the first point more specific. I had been using turbotax online and I came to a section of deductibles and I wasn't sure how one should claim it. Is their any good reference on how it should be done.
Thank you very much for your time.

AtlantaTaxExpert · Feb 22, 2006, 10:38 PM

Since you are an Indian citizen, your standard deduction is $5,000.

Check out IRS Pub 519 as to where to put the standard deduction on Form 1040NR. You have to cite the U.S.-India Treaty on Form 1040NR.