[praneeth54]

Hello There,

First off, thank you for reading my question and taking time to answer it.

My question is,

I am currently on H1B Visa since Oct 2007. Last year(2008), when I filed my taxes for 2007, an HR Block representative told me that I have to file my taxes as NR alien since I have not lived in the United states for a consective 180 days period after my H1 has started.

But now, since I have crossed the 180 day period, can I file my taxes for 2008 as a Resident Alien?

Thanks Once again.

Praneeth

[MukatA]

Need more info:
Days present in the U.S. in 2006, 2007 and 2008 and your visa during that period.
Read Your U.S. Tax Return: Substantial Presence Test

[praneeth54]

Hi Mukta,

Thank you for answering my question. I really appreciate it.

In 2006, my status was F1 (01/01/2006 - 12/31/2006)

In 2007, my status was F1 with OPT (01/14/2007 -01/13/2008)

In 2007, my visa status changed from 10/01/2007 to H1B

I took a vacation in 2007 for a couple of months which ran into 2008, the vacation dates are 12/15/2007 - 02/17/2008

02/18/2008 - 12/31/2008 - H1B

After skimming through the link you have attached with your response, it seems that I will be a Resident Alien for 2008, but wanted to just re.check with you.

Thanks a ton

Praneeth

[AtlantaTaxExpert]

Praneeth:

Surprisingly, the H&R guy is correct! Will wonders never cease!

For 2007, you were a non-resident alien, and thus should have filed Form 1040NR or 1040NR-EZ PLUS Form 8843.

You COULD have waited until June to file as a DUAL-STATUS alien, but there is generally no tax advantage for doing so.

You will file as a resident alien for 2008. The vacation days do NOT affect your resident alien status.