Tax Status Resident/Non-Resident?

[SeekHelp]

I was in H4 as a dependent for 4 years(filed Tax Jointly using ITIN) and changed to F1 Dec '2005 and got the OPT from Feb07 to Feb'08. I've started working on OPT(using SSN) and and changed to H1 in Oct '07. What is my tax status? I am confused whether to file my taxes as a Non-Resident (based on OPT) or Resident (jointly with my spouse). Also my empoloyer didnt deduct Medicare/Social for the period i was in OPT. If I file as a resident do i need to pay medicare/social that is notwith held in my pay cheque. Any help?

[Murali]

Talk to a TAX preparer , or HR block they can help.

[cncd1]

I saw an example similar to your situation on IRS website; do some reading on the different filing status.

And you do not have to pay the OPT taxes retroactively; hopefully, your employer began withholding them to correspond to your change to H1B.

If you use a tax preparer, take your last OPT paystub and your end of year paystub as well as your W2 to help sort everything out. I suggest this because there is detail on paystubs that is not on W2.

[SeekHelp]

Thanks for all your help. I did file as a resident paying all the money withheld on the OPT & Tax eventhough i am qualified for non-resident per tax adviser by weighing pros & cons of different filing options. This situation is only unique to me.