pk
Level 15
Level 15

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@feuerfawkes , Having read through this chain and generally agreeing with  @Opus 17 , would like to add the following:

(a) Not having met the Substantial Presence Test for the year 2022 and absent any request to be considered  a Resident for Tax Purposes, you are a  Non-Resident Alien  for the year 2022

(b) you therefore  file your return on form 1040-NR  ( Not supported by TurboTax --- see SprinTax, Your School Foreign Students Office, Tax professional, download  "fillable"  forms from IRS etc. )

(c) As a student/Trainee from India you would indeed come under  "treated as  US students " of  Article 20  of US-India Tax Treaty.

(d) However, the questions here is Are you a student / trainee?  Mostly students  while in OPT / CPT / Gap are on F/J/M visa.  H-1 mostly implies that your employer has requested  employment visa for you  ( even though there are cases when a student/ trainee is with H visa).   Please could  you provide more details  of your situation -- when arrived, Which country ( India ), is this the first entry etc. etc.  I ask this because  if you are not considered  "student/Trainee" then using 1040-NR would require you to use Itemized deduction.

 

I will circle back once I hear from you --yes?