Hello,

I have been in the US since 2004 on an F1 visa and switched to the H1B visa in Oct-2008.

So I have been physically present in the US for more than 31 days of this year and 183 in the 3-year period and based on this I pass the SPT.

Does that mean that I will now be a resident for tax purposes or should I still continue to file the 1040NR form as I am on an H1 visa?

I appreciate your help.

Thanks.

Melissa

Starting with Oct 2008, your days in U.S. are not exempt from residency. If you meet SPT in 2009, file resident tax return.

Thanks MukatA. That would either be forms 1040/1040EZ correct?

Yes.