Hello,

This is a very informative site. This is my case:

Dec. 2001 to 06.08.05 ---> F1/OPT (Exempt from counting)
06.09.05 to 12.31.05 ---> H1 (206 Days)

I came to US on Dec. 2001. I'm single , have filed "1040NREZ+8843" for 2004, 2003, 2002.

My questions are:

1 - I guess I pass time test, so, am I resident? Or I am duel status or 1st year choice?

2 - If I have more than 1 option, which one is easier to file?

3 - So, which form should I use, 1040, 1040NR, both?Should I file 8843 as well?

Thank you all for your help & advice!!

NM

Nnaz:

You have no option; you must file as a resident alien because you have met the Substantial Presence Test.

The good news is that you do not have to file Form 8843 if you file as a resident alien.

Thanks ATE,

Do I need to provide proof such as copy of F1/I-94/H1 to show that I pass the time test to file as resident? In past years I was NR and as part of 8843, I had to send a copy of my F1 and I-20,. to show that I am exempt. But I am wondering what should I included in my 1040 returnas resident to show my status and status change dates (F1 to H1)!

Nnaz:

You do not need to provide the visas. The IRS will cross-check your dates when you file the return to validate your residency.