Mytwocents please help with my TAX problem katiemama2006-02-14 19:10:08

Dear Mytwocents,

I am very confused with my 2005 residence status for federal income tax. My situation is: 08/15/2000 to 09/30/2005 F1 student, 10/1/2006 to now H-1B. I submitted I-485 on 09/29/05 and it is pending now. I filed 1040 NR in 2000/01/02/03/04.

According to publication 519, F1 student should be resident alien after 5 calandar year, and those filed I-485 cann't claim close connection with foreign country.

My question is:1-what is the meaning of "5 calandar year", is it 5*365 days, or 4*365 + days after 8/15/2000 (in my case)?
2- Am I resident alien or du status in 2005?
3- If I am resident alien could I claim the $5000 tax treaty? My employer sent me 1042-s and excluded this $5000 from W-2.

Thank you for your advice.

回复：Mytwocents please help with my TAX problem

resident 2005 (file 1040a), can claim $5000 as long as F1 status

回复：Mytwocents please help with my TAX problem

回复：resident 2005 (file 1040a), can claim $5000 as long as F1

回复：回复：Mytwocents please help with my TAX problem

If you claim $5000 treaty benefit, you have to

回复：If you claim $5000 treaty benefit, you have to

回复：回复：Mytwocents please help with my TAX problem

1042s is for non-resident.

回复：1042s is for non-resident.

There is a reason for that

Here is the official answer

回复：回复：回复：Mytwocents please help with my TAX problem

回复：There is a reason for that

回复：回复：There is a reason for that