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-   -   F1/OPT to H1B - Non Resident Alien ? (https://www.askmehelpdesk.com/showthread.php?t=549881)

  • Jan 31, 2011, 06:45 PM
    renebmc
    F1/OPT to H1B - Non Resident Alien??
    Hello and thanks for your time.

    I was on F1/OPT from May2009 to Oct-1st-2010.
    On Oct 1st 2010 I changed to H1B. I went on vacation 21 days on December, so I was in the US for 70 days. That means as of right now I do NOT meet the Substantial Presence Test.

    However, if I file an extension and I present my 2010 taxes on April 25th (after the 183 days), will I be able to file as a resident?

    Can 2010 and 2011 days be combined for the 2010 Substantial Presence test?

    Thanks.
  • Feb 7, 2011, 11:22 PM
    AtlantaTaxExpert
    Yes, you will combine days from 2010 and 2011.

    Using the formula explained in IRS Pub 519, you would file sometime in June 2011.

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