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    shivamparikh268's Avatar
    shivamparikh268 Posts: 3, Reputation: 1
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    #1

    Apr 4, 2015, 06:35 PM
    Form, 8843 6th year
    I was on H4 visa from 2008 to 2012, and changed to F1 visa starting December, 2012. As being an international student I have to file IRS Form 8843, which has a question

    "Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendaryears? "
    "If you checked the “Yes” box on line 12, you must provide sufficient facts on an attached statement toestablish that you do not intend to reside permanently in the United States."

    --> Now even though I was attending college as H4 visa holder, and only been on F1 for about 2 years (I been attending college for over 5 years). Do I answer YES or NO for that question?

    Thank you !
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 4, 2015, 06:58 PM
    Do you intend to reside permanently in the United States?
    shivamparikh268's Avatar
    shivamparikh268 Posts: 3, Reputation: 1
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    #3

    Apr 5, 2015, 08:28 AM
    I have a job starting soon which will sponsor H1 --> and eventually Green card, so I would say Yes I am hoping to reside in USA.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 5, 2015, 08:44 AM
    Then check YES.
    shivamparikh268's Avatar
    shivamparikh268 Posts: 3, Reputation: 1
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    #5

    Apr 5, 2015, 10:04 AM
    But on the Form instructions it says that "A student is an individual who is temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa and who substantially complies with the requirements of the visa."

    So I feel like the H4 doesn't land under the definition of "Student" according to Form 8843. So given I was attending college under H4 visa, I am only been attending college as a "student" (F1 Visa holder) since December 2012.

    This is what confused me.

    Thanks for all the help.
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