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  • Apr 2, 2007, 01:28 AM
    taxhelp2007
    Over 5 years F1-OPT-H1 Substantial Presence Test
    Hi,

    I had a similar question and was hoping to find the right forms to fill out.

    I came to US in August 2000 as an F-1 student for my undergraduate degree. I graduated in August 2005 and was on on OPT till July 2006. I switched to H1B on October 1st 2006. In the past I have filed the 1040NR-EZ.

    My question is would that change for 2006 since I was on H-1B from October? Would I be regarded as a Resident for tax purposes and hence would need to file the 1040?

    Do I meet the Substantial Presence Test?

    Thanks for the help,

    SL
  • Apr 2, 2007, 07:49 AM
    The Texas Tax Expert
    Quote:

    Originally Posted by taxhelp2007
    Hi,

    I had a similar question and was hoping to find the right forms to fill out.

    I came to US in August 2000 as an F-1 student for my undergraduate degree. I graduated in August 2005 and was on on OPT till July 2006. I switched to H1B on October 1st 2006. In the past I have filed the 1040NR-EZ.

    My question is would that change for 2006 since I was on H-1B from October? Would I be regarded as a Resident for tax purposes and hence would need to file the 1040?

    Do I meet the Substantial Presence Test?

    Thanks for the help,

    SL

    The last year that you were NR was 2004. You should have filed as a resident in 2005 and should file as a resident in 2006.
  • Apr 5, 2007, 01:19 PM
    AtlantaTaxExpert
    Agreed; I answered the same post earlier.

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