5yrs on F1. Converted to H1 last year Oct'18. Can I claim 1098 T education credit? Continued Ph.D.course in Oct-Dec'18 and paid fees too. Also do I qualify for FYC?

[rishithreddy]

5yrs on F1. Converted to H1 last year Oct'18. Can I claim 1098 T education credit? I am Continuing my Ph.D. course after converting to H1 and paid fees too. Also can do I qualify for FYC(First-year choice)?

[pk · Accepted solution]

reddyji, 

Once your status has been adjusted ( or you have applied for  change), you can indeed exercise the first year option  i.e. request to be treated as a resident for tax purposes -- you file normal 1040 and attach a note requesting to be treated as a resident alien.   All the tax laws apply equally to  US citizen/ resident/ resident for tax purposes. Your world income is taxed by the USA

Can we help with anything else?  Namaste

[rishithreddy]

Thank you for the response. but do you any information on 1098 T question i asked based on my situation explained above. Do i qualify for Education credit?

[TaxGuyBill]

Can you confirm what you mean by the 5 years on your F-1?  Was it PARTS of 5 calendar years (such as mid-2014 through mid-2018), or was it 5 FULL years (spanning 6 calendar years, such as mid-2013 through mid-2018)?

[rishithreddy]

I am on F1 Full Calendar years from 2013 June to October 1st 2018

[TaxGuyBill]

Good.   🙂

You 'exempt' years is 5 CALENDAR years.  So that is 2013, 2014, 2015, 2016, and 2017.  So starting on January 1st, 2018, you start to "count days" to see if you are a Resident or not.  If you were in the US for more than 183 days, you are a Resident Alien for the entire year.

That means (1) you do NOT need to make the First Year Choice, and (2) you DO qualify for the educational credits (assuming you meet all of the other qualifications).

[rishithreddy]

Thanks Man! Can you provide any link for to check for all of the other qualifications? Also can i claim student loan interest and education credits both?