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    kmlucy's Avatar
    kmlucy Posts: 11, Reputation: 1
    New Member
    		  
    #1

    Feb 16, 2010, 04:47 PM
    F1 to H1b, confused with residency status
    Hi,

    Below are my specifics

    F1 - Aug 2006 - Sep 2009.
    H1b - since Oct 2009.

    I have read the IRS publication 519 and it seem like I qualify as non-resident alien, but I am not 100% sure.

    Can some one please explain it to me why would I qualify as non-resident alien.

    I hired a tax consultant who wants to file as resident alien, but I am little skeptical about his judgement.

    Any suggestion/help will be appreciated.

    KM
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 17, 2010, 06:48 PM

    If you are not married, file nonresident tax return and Form 8843 as you have not completed substantial presence test in 2009.
    kmlucy's Avatar
    kmlucy Posts: 11, Reputation: 1
    New Member
    		  
    #3

    Feb 18, 2010, 10:10 AM
    Thanks for your quick response.. also should I be going for 540NR for CA state tax?? I have been in California since 2006
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Feb 19, 2010, 12:59 AM

    No, you are resident of CA.
    Even on F-1 if you live in CA, you are part year or full year resident of CA.
    kmlucy's Avatar
    kmlucy Posts: 11, Reputation: 1
    New Member
    		  
    #5

    Feb 19, 2010, 12:08 PM

    I have been filing 540NR since last 2 years, do I need to correct that?
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