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View Full Version : How to calculate Subtantial presence Test for H1B


Tsachin10
Feb 10, 2009, 10:07 AM
Hi,

I would like to know the presence Test calculation for following two scenarios.

Scenario 1 - Person Entered in USA on 17 Feb 2008 and still present in USA on H1

Scenario 2 - Person enters in USA May 2007 and was there till Aug 2007 (B1 Visa) & again entered USA in Feb 2008 & still present in USA on H1

Can u tell me in which case person is treated as residence alliance?

Thanks
Sachin

MukatA
Feb 10, 2009, 10:16 AM
1. The person completes SPT. If single, he/she must file dual status tax return.

2. Same as above.

Tsachin10
Feb 10, 2009, 10:43 AM
Thanks for your reply... both persons are married and filing jointly..

Are you saying both the person / cases qualifing to submit tax return under resident allien or they should submit non resident allien...

AtlantaTaxExpert
Feb 24, 2009, 03:39 PM
If they are married, then they can file jointly and you both CHOSE to be treated as resident aliens. This will allow them to claim the $10,900 joint standard deduction plus two $3,500 personal exemptions.