OPT -> H1 tax

[amberaz]

Hello,

I want to find out what tax forms I need to fill.
Here's the summary of my entire stay in the US:
In 2001: F1 visa: 130 days
In 2002: F1 visa: 350 days
In 2003: F1 visa: 365 days
In 2004: F1 visa: 25 days, OPT: 330 days

In 2004, I got my H-1B visa in December, but after it was issued in India I did not come back to the US until January 2005. So, I was not in the US on H-1B visa for the year 2004.

According to publication 519 I pass the "Substantial Presence Test" but then do I get exempt since I was on F1 and then OPT.

While filing my taxes, would I be a NonResident Alien?

Also, do I still go with the standard deduction in the form 8843?

Please do let me know.
Thanks,
Amber.

 

[rabaru]

Call IRS and they will tell you what to do.(irs.gov)

 

[amberaz]

info from IRS

As it turned out OPT is still counted as NonResident Alien. So, I have to use the 1040NR form even now.

Thanx,
amber.

 

[grad_in_umcp]

OPT to H-1 Tax filing Info

Hi Amber,

I am in almost the same situation as you are except that my H-1 started from October 2004. I was just wondering if you claimed the standard deduction (as per India-US treaty) for Indian students?

Thanks!