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

    Mar 22, 2007, 07:06 AM
    Substantial Presence Test
    Hello Experts,

    My situation:
    Citizen: Indian
    Arrived in the USA: Aug. 4th 2003-------F1 visa
    OPT from June 5th 2005 to May 25th 2006
    Obtained my H-1B on May 25th 2006.

    Since I have been on H1B from May 25th 2006, don't I satisfy the SPT? I believe I have to be in the USA for >183 days. I went to India for a visit and to get the visa stamp on the passport. Excluding those 31 days too, I have stayed in the US for more than 183 days on H1B.

    While I was on OPT, I had NO income. Can I just file form 1040EZ or do I have to still follow dual-status path and file 1040 and 1040NR and 8843?

    Thanks
    naveedashraf's Avatar
    naveedashraf Posts: 1, Reputation: 1
    New Member
    		  
    #2

    Mar 22, 2007, 08:13 AM
    Quote Originally Posted by abhijitgp
    Hello Experts,

    My situation:
    Citizen: Indian
    Arrived in the USA: Aug. 4th 2003-------F1 visa
    OPT from June 5th 2005 to May 25th 2006
    Obtained my H-1B on May 25th 2006.

    Since I have been on H1B from May 25th 2006, dont I satisfy the SPT? I believe I have to be in the USA for >183 days. I went to India for a visit and to get the visa stamp on the passport. Excluding those 31 days too, I have stayed in the US for more than 183 days on H1B.

    While I was on OPT, I had NO income. Can I just file form 1040EZ or do I have to still follow dual-status path and file 1040 and 1040NR and 8843?

    Thanks
    Under your situation, you qualify to file 1040EZ or 1040 as you meet the substantial presence test. If you still need to file a 1040NR you can still do that under "closer connection exemptions" to substantial presence test.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Mar 26, 2007, 10:27 AM
    Sorry, Naveedashaf is WRONG. Just because you have met SPT does NOT mean you can file as a resident alien.

    You must file as a dual-status alien, filing BOTH Form 1040 and 1040NR.
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