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    kyalega's Avatar
    kyalega Posts: 5, Reputation: 1
    New Member
     
    #1

    Apr 8, 2006, 11:52 AM
    First Year Choice: 31 Days in 2005?
    Hi Atalanta Expert:

    I am planning to make 2006 as first year choice of resident alien. However, I called IRS they told me to files as resident alien; I need 31 days in 2005. I convert from F-1 to H1B on December 31, 2005. I already filed for extension in 2006 thinking that by June 2006, I will have 183 days.

    Please suggest if this is true? What should I do to file as resident alien
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 9, 2006, 07:52 AM
    Sorry, the IRS is correct (this time). You need 31 days in 2005 to use First Year Choice.

    You must file as a non-resident alien.

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