Hi,

I was a student with J-1 between 1994-2001. In 2001, I started with my academic training and used 36 months (still J-1) until 2004 and always filed as US resident. Between 2004 and 2006 I went back to my country to complete two year home country residency requirement. I came back in AUGUST 06 and since August 06 I am on H1B visa.

My number of days in the US are
2004----180
2005-----0
2006-----16 with B1 visa (short term conferences) and 130 days with H1B
2007-----all days

I have a house and kept the house while I was away. I also have 2 children who are US citizens.

How should I file my taxes? 1040 or 1040 NR? My employer withholds Social Security and Medicare.

Thank you.

File as a resident alien. In my opinion, your 1994-2001 visit qualified you for residency status.