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Resident status for Tax Purposes? F1 - > H1B - > GC

Discussion in 'Individuals' started by darkelf, Feb 16, 2013.

  1. darkelf

    darkelf Junior Member

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    I am facing a situation which I would love some sanity checking on. I was on an F1 visa till October 01 of 2012: I was first employed as an F1 student by my university till Jan 15, 2012. I then graduated, got a job switched to OPT and worked on OPT till October 01, 2012 whereupon I switched to an H1B. After this, I subsequently filed for the whole I485 package thing, I got my green card approved on January 25, 2013.

    So here are my questions:

    1. I was on an F1 visa only for 3 years (from 2009 to 2012). So I don't think I was a resident for tax purposes because I didn't hit the 6th year rule. Also, I was on an H1B for 92 days (October 01, 2012 - December 31, 2012) so I don't think I satisfy the substantial presence test. So rationally speaking should I be okay if I file as a non-resident alien for the entire year or does the fact that I now have a green card mean that any taxes I file ever should be filed as a resident? I am more concerned that I don't break some USCIS rule for green card holders by filing as a non-resident for 2012.

    2. Is there anyway I can as a non-resident alien get my moving expenses (from University to the place I am currently working at) deducted from my taxes?

    3. I spent a significant amount of money on the green card process (USCIS fees, lawyer fees etc ) which was not employment based. Again, are these tax deductible?

    Thanks in advance!

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