Comments on: OPT to H1B tax filing Tips. Multiple W2 Forms, Multiple States ? Domicile ?

By: Saurabh

Saurabh — Wed, 04 Apr 2012 03:05:47 +0000

Tanveer,
You should check this w/ a tax consultant, but I guess it would as H-1.

By: tan veer

tan veer — Wed, 04 Apr 2012 01:52:55 +0000

Hello,

My H1-b ended in November 2011 about 2 months before the end date i applied for change of status to a student visa. However i ended up getting a couple RFE’s and finally my change of status was approved in March 2012. So as of the last day of 2011 my status was neither H1-b nor student. What will my tax filing status. Will I fill the taxes as an International student ( from India) or i file the taxes as and H1-b? Please guide.

Regards,
Tan

By: suresh

suresh — Sat, 31 Mar 2012 21:40:17 +0000

Thanks very much

By: Saurabh

Saurabh — Sat, 31 Mar 2012 00:09:23 +0000

Suresh,
If H-1 is filed w/ COS w requested start date of Oct 1 and if you are maintaining legal status at the time of filing, then you are automatically eligible for cap-gap. You don’t need to apply for cap-gap separately, but just inform your school DSO about it. If you have doubts that H-1 may be rejected, then OPT extension needs to be applied. If H-1 gets approved, then they would reject the OPT extension. Cap-gap allows you to stay and work until Oct 1 or H-1 denial date (whichever is earlier).

By: suresh

suresh — Fri, 30 Mar 2012 00:53:44 +0000

Hi,

I have a problem which needs a answer. I am currently on OPT and it will expire on june 14 2012 and i cant apply my OPT extension until June 7 2012 since i didnt receive my diplome yet. So i can apply for it on June 7. I applied for H1 on April 2 2012, i dont know it will approve or not. So I must apply for cap- gap for that. can i apply cap-gap and OPT extension at the same time. Would it create an problem due to 2 new i-20 which will be issued in short span of time… what i have to do.
Do i need to apply for OPT extension?
Do i need to apply for Cap Gap?
Do i need to apply for both what would happen?

Please let me know.

Thanks
Suresh

By: Rohit

Rohit — Thu, 15 Mar 2012 17:40:29 +0000

If you have stayed in US more than 5 years than 1040 otherwise its 1040NR for everyone else on F1, opt and H1 visa

By: HN

HN — Thu, 15 Mar 2012 16:11:07 +0000

Hi,

Thanks very useful post. I am in a similar situation. OPT from June to September and then on H1B. Can anyone advise if I need to fill a 1040 or 1040 NR?

Thanks,

Hitesh

By: vid

vid — Sat, 25 Feb 2012 18:26:58 +0000

Hey

I am also in same situation. My wife and myself transformed from OPT to H1bin oct 2011. My company did not hold our social security taxes for our OPT period. And we got married in may 2011. So we have to file jointly this year. I am sure it will increase our tax bracket. is there any way to file and get max return?

By: Saurabh

Saurabh — Sun, 05 Feb 2012 03:52:09 +0000

If you informed your employer at the right time about the OPT to H-1 switch, then your W2 will have already taken care of the taxes i.e. no Social Security and Medicaid for income on OPT. You can check your W2 to see if your numbers are correct.

If your spouse is not working, then it would be better to file jointly as that would reduce the tax bracket. The spouse will have to file ITIN along w/ the tax filing (assuming the spouse doesn’t have an ITIN or SSN yet).

By: Samee

Samee — Sat, 04 Feb 2012 20:23:14 +0000

Hi, I have a similar problem. I was on my opt starting August 2010 to Sep 2011. Since october 1st 2011, I’m on H1b. How do I file my taxes to get maximum return. Most of my income is in the opt period thus i would like to tap maximum tax exemption benefit. FYI..I also got married this year. Please help me suggest the best possible way to file taxes.