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Dual-status alien - yes or no?

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    Dual-status alien - yes or no?

    Client has been in US since 2009 on F1 student visa. Some "repairs" are necessary due to fact that in years 2009-2011 NO Form 1040NR (nor related Form 8843) was filed, but rather a normal Form 1040A. I can fix that.

    For 2012: Per client, "was on F1 from Jan 2012 to Oct 2012 and on H1b from Oct 2012 to Dec 2012"

    Is this, or is this NOT, a scenario for a "dual-status alien" tax return for calendar year 2012? (Student is from India.) In most circumstances, an F1 student visa (with OPT employment extensions) dictates a Form 1040NR. And in most circumstances, a person in H1b status can then file a "regular" US tax return.

    I am getting pulled in different directions on the fundamental decision (starting point) as to filing. IRS info seems to indicate dual-status, whereas school administrator (citing State Dept regs) takes the opposite approach. Sadly, I have not yet seen the 2012 Form(s) W2, which might shed some additional light on the status.

    In any case, if anyone has ever prepared a return that fits into this narrow category, please give me some insight hopefully along the lines of "I did this/I did not do that" information. At risk of repeating myself, since the student is from India, he is entitled to the full "standard deduction" on any Form 1040NR. You may PM me if you don't wish to put too much information on these boards.

    Thanks in advance!

    FE
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