[Luk505]

Hi,
I'm confuse with my tax refund. I've been working for employer 1 on J-1 since October 2004 to September 30 2005. Since February 28, 2005, I've been working for employer 2 also. I've change my status from J-1 to H1B on October 1st 2005. That is why I left employer 1. My question is, what is my status?? Am I dual status? What form should I use?
Thank you, I appreciate for any help.

[AtlantaTaxExpert]

Luk505:

Download IRS Pub 519 from www.irs.gov (don't worry about the fact that it is for 2004; the IRS does not update all of their IRS Publications if the law does not change) and read pages 6 - 8.

Based on your input, it looks like you are not an exempt individual. If so, you need to file Form 1040/1040A/1040EZ since you have more than met the Substantial Presence Test.

[Luk505]

AtlantaTaxExpert,

Thank you for your reply.
So you think I am a resident, because I met Substantial Presence Test?
Since February to September I worked 2 jobs, because with that second company, I was applying for H1B. It was approved on July or August, but valid since October 1st. So, I had J-1 status for 9 months(Jan-Sep) and only 3 months on H1B, am I right? This way I wouldn't pass Presence Test and couldn't be treat as a resident?
Thank You, Luk

[AtlantaTaxExpert]

Luk505:

In my opinion, your J-1 visa does not make you an exempt individual unless you are a professor or a researcher or work for a foreign government. This being the case, you clearly met the Substantial Presence Test.

[Luk505]

Atlanta Tax Expert,

I appreciate your help.
Have a great weekend,
Luk