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    jinee48's Avatar
    jinee48 Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 18, 2008, 11:44 AM
    Can I include B-1 duration into substantial presence test?
    I entered to the States with L1 visa at July 9, 2007.
    Since I cannot meet the 183 days requirement (175 days), maybe I'm not a resident alien at the end of the last year.

    But (Here goes my question), I visited the State for one month (February) in 2007 with B-1 visa (for business).
    Can I include this one month for substantial presence test?
    I reviewed the documents from IRS, but there is no exemption related to B-1 visa (There exist exemptions just for F, J, and so on).

    Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 2, 2008, 09:59 AM
    Yes, you CAN include the B-1 visa time towards the Substantial Presence Test.

    But that will merely make you eligible to file as a dual-status alien, NOT as a resident alien.
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