I would very much appreciate any suggestions regarding my taxpayer status. I really did my homework, read a whole bunch of IRS publications, forums, blogs. etc. but I am still confused with my own status. Here is my background:

- I do not have a green card;
- I am a J-1 student in good standing with a valid DS-2019;
In 1998 I was present in US with a J-1 visa for 30 days;
In 2002 I was present in US with a J-1 visa for 120 days;
In 2003 I was present in US with a J-1 visa for 365 days;
In 2004 I was present in US with a J-1 visa for 335 days;
In 2005 I was present in US with a J-1 visa for 365 days;
In 2006 I was present in US with a J-1 visa for 365 days;
In 2007 I was present in US with a J-1 visa for 90 days;

Am I a resident alien or a nonresident?

Best regards,
Andrey Bredstein

Quote:

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Originally Posted by Bredstein

I would very much appreciate any suggestions regarding my taxpayer status. I really did my homework, read a whole bunch of IRS publications, forums, blogs. etc., but I am still confused with my own status. Here is my background:

- I do not have a green card;
- I am a J-1 student in good standing with a valid DS-2019;
In 1998 I was present in US with a J-1 visa for 30 days;
In 2002 I was present in US with a J-1 visa for 120 days;
In 2003 I was present in US with a J-1 visa for 365 days;
In 2004 I was present in US with a J-1 visa for 335 days;
In 2005 I was present in US with a J-1 visa for 365 days;
In 2006 I was present in US with a J-1 visa for 365 days;
In 2007 I was present in US with a J-1 visa for 90 days;

Am I a resident alien or a nonresident?

Best regards,
Andrey Bredstein

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You are a resident (and have been for a while). You should file a 1040.

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Originally Posted by The Texas Tax Expert

You are a resident (and have been for a while). You should file a 1040.

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Thank you very much for such a super fast answer! And it is a double pleasure to receive an answer from the Texas Expert :) I live in Round Rock, TX

Excellent! Always nice to talk to a Texan :)

How have you had the J1 for so long -- that seems unusual.

To fill you in on some more details, if you are a teacher/trainee (the usual J1) then generally you are only exempt from the SPT for 2 years. If you are a student, it is 5 years.

Quote:

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Originally Posted by The Texas Tax Expert

Excellent! Always nice to talk to a Texan :)

How have you had the J1 for so long -- that seems unusual.

To fill you in on some more details, if you are a teacher/trainee (the usual J1) then generally you are only exempt from the SPT for 2 years. If you are a student, it is 5 years.

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In 1998 I visited US twice for a short time, and in 2002 I enrolled in UT at Austin (graduate school). My DS-2019 (IAP-66 at that time) was originally issued for 4 years, so in 2006 I renewed it, and now it is valid until 2008. I know of a very few people who managed their dissertation in 4 years :) This is how I had my J-1 for so long - it is the program that defines my duration of stay.

And from what I know, it looks that I could have some deduction and tax credit for kids this year? I am going this Wednesday to some place in Round Rock where they help with the paperwork those who qualify with low income, and who can qualify better than a student? :)

Agreed; you ARE a resident alien.