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    physician alien's Avatar
    physician alien Posts: 5, Reputation: 1
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    #1

    Feb 2, 2008, 09:56 AM
    B1 status changed to J1 visa , filing tax as non resident vs resident
    Hi.
    I have been in the US for 1.5 years. I arrived on July 2006 to work as a physician alien and research scholar. I was previously in the US partially for at least 6 months each of the previous years from 2002 to 2005 on a B1 visa. When I came to the US in 2006 I had a J1 visa. I filled last year as resident, since I had been in the US for more than 183 consecutive days and partially in the previous 6 six years. My questions : B1 visa status counts toward the test of presence in the past 6 years, now that I have been more than 183 days on a J1 visa?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 3, 2008, 07:32 PM
    While on J-1 visa, your days in the U.S. does NOT count tlowards substantial presence.
    physician alien's Avatar
    physician alien Posts: 5, Reputation: 1
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    #3

    Feb 3, 2008, 09:57 PM
    I am Sorry, I think I explained myself wrong. I am currently on a J1 visa. I am an exempt individual for the first 2 years , since I am a trainee on J1 visa. But according to the IRS publication 519 if I have been in the US for any time during 2 years of the last 6 years, then I will not be and exempt individual and I should file as a resident instead of non resident. But it mentions only people with J, M, Q visas. My question is : I was in the US for enough time in at least 2 years for the last 6 years, but I was on a B1 visa. Now I am on J1 visa, should I file as resident or non Resident? I am sure, if I were on an F1 visa before for any time in 2 years of the last 6 years, then I should file as resident, because I had been exempt already for 2 years. But I just don't know how to include my time in the US being on a B1 business visa, when I was a medical student.
    physician alien's Avatar
    physician alien Posts: 5, Reputation: 1
    New Member
     
    #4

    Feb 3, 2008, 10:07 PM
    For Example:

    Someone was on an F1 visa for 6 months in 2004 and then 6 months in 2005. Now the same person has a trainee J1 visa during 2006. Since that person was already exempt from FICA taxes for at least 2 years in the past 6(2004, 2005 while on F1 visa), now that person is consider to be a resident for 2006 in terms of tax filing.


    Now my situation:

    I was a medical student on a B1 visa for 6 months in 2003 and then for another 6 months in 2005. (that s 2 years out of the last 6 ). IN 2006 I got my J1 visa and became a trainee. Should I be considered a resident for tax filing, since I was an exempt individual for at least 2 year already in the past 6 years??
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Feb 4, 2008, 01:49 PM
    PA:

    Answered via PM.

    In short, the B1 visa does not count and a previous two years as specified on the Form 8843. Your current J-1 visa is still good.

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