[Sam2006]

Hello everyone,

I came in the US in October 2004 as a F1 student.
I started training with an OPT in January 2006 until July 2006 and then left the US in July.
I came back in October 2006 as a J1 Trainee and have been under this status since then.
I am then considered as a non-resident since I can exclude the days I was in the US in 2006 on an F1 OPT for the substantial presence test and so I should fill the forms 8843 and 1040NR-EZ, is that correct?
I am very confused about some parts of those forms:
- 1. in form 1040NR-EZ, they ask the type of entry visa and the date I entered the US. Is that supposed to be the date I entered the US with my new J1 Trainee visa, or the day I entered as a F1 student?
- 2. is it allowed to claim the 5000 exemption from the France (the country where I am a resicdent/citizen) and the U.S in my case?
- 3. in form 8843, for the type of US visa, date of entry, current nonimmigrant status and date of change: should I say I entered as a J1 trainee or a F1 student and then changed to J?
- 4. in form 8843, should I fill both part II (Teachers and Trainnes) and Part III (Students) since I belonged to both those categories in 2006?


Thanks a lot in advance for your help and for reading this. It is very confusing to me.

Sam.

[AtlantaTaxExpert]

The F-1 visa time COUNTS against your J-1 visa for determining your exempt status. You WILL be able to file Form 1040NR-EZ and 8843 for 2006, but I expect that your exemption will expire in 2006. Hence, in 2007, you will be considered a resident alien.

1) Date you entered on the F-1 visa.

2) Yes, for 2006.

3) F-1.

4) Fill them BOTH out.

[Sam2006]

Thanks a lot for your help,
Sam.

[AtlantaTaxExpert]

Glad to help!