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View Full Version : F1 to H1b, confused with residency status


kmlucy
Feb 16, 2010, 04:47 PM
Hi,

Below are my specifics

F1 - Aug 2006 - Sep 2009.
H1b - since Oct 2009.

I have read the IRS publication 519 and it seem like I qualify as non-resident alien, but I am not 100% sure.

Can some one please explain it to me why would I qualify as non-resident alien.

I hired a tax consultant who wants to file as resident alien, but I am little skeptical about his judgement.

Any suggestion/help will be appreciated.

KM

MukatA
Feb 17, 2010, 06:48 PM
If you are not married, file nonresident tax return and Form 8843 as you have not completed substantial presence test in 2009.

kmlucy
Feb 18, 2010, 10:10 AM
Thanks for your quick response.. also should I be going for 540NR for CA state tax?? I have been in California since 2006

MukatA
Feb 19, 2010, 12:59 AM
No, you are resident of CA.
Even on F-1 if you live in CA, you are part year or full year resident of CA.

kmlucy
Feb 19, 2010, 12:08 PM
I have been filing 540NR since last 2 years, do I need to correct that?