Hello,

I was in the US on a J-1 visa from May-July 2005, and came back in August 2006 on a F-1 visa. I am still on the F-1 visa. I was wondering if I should be filing taxes as a resident alien or a non-resident alien for tax year 2010?

Thanks for your help.

That depends on your home country and the tax treaty, if one exists.

Please identify your home country.

My home country is India.

My home country is India.

You will file resident return as you completed 5 years in 2009 as teacher, trainee or student.

I agree with MukatA's interpretation. The J-1 time counts against the five-year rule, which makes you a resident for tax purposes starting on 1 January 2010.