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Intronic · Jan 20, 2009, 03:09 PM

Hi,
Last year I had a J1 Visa (Valid until July last year), but I was able to get H1B in March last year. I left the country in March with a J1 Visa and came back after 2 weeks with an H1B Visa. The year before I was here with the J1 and had to fill out the 1040NR-EZ. How would I handle that this year?

MukatA · Jan 20, 2009, 11:32 PM

If you are not married, you will file Dual status return-- non-resident on J1 period and resident on H1-B period.

Intronic · Jan 21, 2009, 07:31 AM

Thanks

AtlantaTaxExpert · Jan 21, 2009, 01:19 PM

Agreed! If you are single, then dual-status is your only option because you have met the 183-day Substantial Presence Test.

Intronic · Jan 21, 2009, 01:55 PM

How does this calculation work. Does it count from the day that I reentered the country with the H1B Visa? I left the country end of February with an J1 and came back in on March 6 with an H1B. I was then touring in Europe with my company for 4 week in June-July and after that staid in the US until the rest of the year.

AtlantaTaxExpert · Jan 21, 2009, 02:10 PM

If you exceed 183 days in the U.S. you have met the Substantial Presence Test, thus mandating the filing of a dual-status return.

Based on the information provided, you clearly exceeded 183 days in the U.S. on the H-1B visa.

Intronic · Jan 21, 2009, 02:17 PM

Thank you

AtlantaTaxExpert · Jan 22, 2009, 09:31 AM

Glad to help!