Is it 1040 or 1040-NR for a H1B Holder?

[rama1975]

Hi,

I want to know what is the proper document to file for Taxes.Is it 1040 or 1040-NR? I am on a H1B since Nov 2003 till date.My tax consultant,a reputed firm in US,has filed 1040-NR in 2003 and 1040 in 2004.

I am in a confusion now whether I need to file for 1040-NR and not 1040.I did not ask my tax consultant till now about this.I want to get opinion from this forum.

I see that filing of 1040 or 1040-NR depends on the number of days that you stay in that particular year.

Please advise me.

Regards,
RAMA1975

 

[nxm]

It depends on the status you held for the major part of the year. In 2003 you proably were on F1 status for the major part of the year (more than 182 days) thats why you filed 1040-NR. In 2004 you were on H1B for the whole year thats why you filed 1040.

If you are on H1B, you are considered a US resident ONLY for the tax returns and nothing else therefore you file 1040. Hope this helps.