I came to US in 2007 on student visa. I'm on OPT work permit for the year 2012. which form do I use for tax?

Asked almost 2 years ago - Lynnwood, WA

this is my first job and it's my first time filing for tax. which form do i use since I've been here 5 years already?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    11

    Lawyers agree

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    Answered . Form 1040NR I believe, but this is a tax question, not an immigration question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . "Residency" for tax purposes is different from residency for immigration purposes. Even undocumented aliens who have no legal immigration status are expected to file the federal income tax returns if they have taxable income.

    Given that you have lived in the US the last five years, you use the same tax forms that US citizens and LPRs use. The main tax forms are the 1040EZ, 1040A, and 1040. Which one you use depends on your facts.

    You should be getting the same information returns (such as the W-2s) as other taxpayers.

  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I would consult with a tax attorney

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Foreign nationals typically use form 1040NR, but you can check with tax professionals or a tax attorney. I believe that tax professionals charge a premium to taxpayers with a 1040NR because they are not typical and require additional work by the professional. It may be cheaper to purchase a tax return preparation software and do it yourself. However, that's a personal decision.

    If you have additional questions, you can always contact a lawyer directly, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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F1 student visa

The F-1 is the most common visa for students and exchange visitors attending academic institutions in the United States.

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