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    shivismiles's Avatar
    shivismiles Posts: 1, Reputation: 1
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    #1

    Mar 4, 2010, 02:21 AM
    Residency status after 5 years on F1 visa.
    Hi ,

    I came to USA on 27th July 2004 and have been on F1 visa since then. My opt started last year in April 2009 but I am not physically present in USA since 1 June 2009. Can I consider that I have finished 5 years on F1 visa and eligible to file my taxes as resident alien. How do I calculate for SPT test? Does the days of presence in US required for SPT has to be calculated after I finish five years of resident on F1 visa?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 27, 2010, 01:48 PM
    If you left the United States prior to 1 June 2009, you did NOT meet the Substantial Presence Test, which, for you, started on 1 January 2009.

    Hence, if you never returned to the U.S. in 2009, you would file as a non-resident alien for 2009 and pay taxes ONLY on the income earned while in the United States.

    I have handled a number of cases similar to yours, so if you need help filing, contact me at [email protected].
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