[querygirl]

Hi,

I am v confused and would really appreciate inputs... here is my history in short.. I am from India.

1. Entered US 22nd Dec 05; 3rd Jan 06-3rd July 07 J1 Trainee
2. July applied for F2 visa by change of status, got approval on Sept 19th 07
3. Was on F2 till Apr 1st 08, now on H1B

a. For the year 2007, can I file as Resident alien or do I come under dual-status?
b. What is my visa status between July and September, before I got an approval of F2? Based on that, I can count my days on J1 or F1. I was in US throughout, except for 20 days in between.

Can I just file as a resident alien? I just realized dual might be possible, and wanted to make sure before I file my taxes..

Please help!

Querygirl!

[MukatA]

In 2007 you had J1 till 07/03/07 and then F2 form 09/19/2007.
On both the visa, you are exempt from residency. You will file nonresident tax return.

[querygirl]

Thanks for the prompt reply MukatA!

However, I am still a bit confused. I was told that J1 visa holders are exempt individuals for only 2 years, and since I entered the US in 2005, I am no longer an exempt individual for 2007.

If I consider the substantial presence test for 2007, I was in the US for more than 183 days in all... but am not sure if I need to consider them on a particular visa... ie if I assume I was on J1 from Jan 1st to July 3rd, and discount the 20 days I was out-of-country, I do not pass the test, and hence can be treated as a non-resident.

And my time on F2 visa which started from 09/19/07 is also non-resident. But what about the days in between?

Hence, assuming I will be treated as J1 till my F2 got approved in September... I then have stayed for more than 183 days in 2007 and am hence a resident alien. Is this correct, or where am I understanding this wrong?

Sorry for the botheration, but just want to clarify my doubts and appreciate any help!

Querygirl!