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-   -   H1 Dependent query (https://www.askmehelpdesk.com/showthread.php?t=320689)

  • Feb 22, 2009, 03:29 PM
    FTTT
    H1 Dependent query
    Thanks a lot for the answer MukatA, appreciate it.

    I came to the US on June 23rd 2008 and haven't left the country since. Does this not qualify me as a Resident Alien? Earlier I had miscalculated and thought I wasn't.

    But When I count the days from June 24th till Dec 31st 2008, its more than 183 days, its about 194 days. So Can't I apply as a Resident Alien and claim dependent exemption and also apply before the deadline of April 15th?

    Thanks,
    FTTT
  • Apr 22, 2009, 10:22 AM
    AtlantaTaxExpert
    FTTT:

    This is your first year in the U.S.

    That being the case, you are a dual-status alien, not a resident alien. Meeting the Substantial Presence Test by itself does not make you a resident alien.

    In fact, if you are a non-resident alien for even one day in your first year in the U.S. you must file as a dual-status alien instead of as a resident alien. There IS an exception to this rule if you are married, but, otherwise, you are stuck with filing as a dual-status alien.

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