• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

F1-H1B tax filling question..Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

V

vijju2k

Guest
Hi,

What is the name of your state? VA

I came to US on an F1 (student) visa in 07/2000, I graduated with my MS in 12/2001 and started working on my OPT. In 08/2002 I got my H1B visa approved and I have been on H1B ever since.
I confused regarding which tax forms to file, 1040 or 1040NR. I am a citizen of India. Please help .

thanks in advance,
vj
 


abezon

Senior Member
1040NR. You did not "enter" the US for purposes of the substantial presence test until you got the H1B visa & there weren't enough days after 8/1/2002 for you to meet the 183 day test. Therefore you were a non-resident all year.

You can elect to be treated as a resident for the latter part of 2002 *after* you meet the substantial presence test in 2003. You would then file a dual status return (1040 return + 1040NR Statement). This would only be useful if you're married and the MFS filing status hurts you, or if you have itemized deductions that are allowed on a 1040 Sch.A but not on a 1040NR page 3. (You do not get to take the standard deduction even if you file dual status.)

Also, get Pub 901 from the IRS -- it has highlights of the US-India tax treaty. You may be able to exclude part of your income before or after your visa status changed.

Please note: this answer changes if you got your F1 visa in 1996 or earlier.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top