I know the 5 year rule but there is a question on 8843 that asks whether I have been in states for more than 5 years if "yes" attach information and facts about attachment to "foreign country" so my home country. Does it mean that I can still claim non resident ( I came in JAn 2001 and have been on F1 all the time) but then what facts should I provide?
Thank you for help

Hi danielo,

Check Pub 519, it explains it in detail.

-- Sascha

For tax purposes, you have lost your non-resident status, so you do not even have to file Form 8843.

File as a non-resident alien, filng Form 1040, 1040A or 1040EZ.