[taxsujoy]

Hi,

I came to the University of GA since 2005. My question is if I am a resident of GA given the information below:

2005 (from April): 251 days in the US---
Visa J1---
Filed 1040NR-EZ
2006: total 362
On J1 228 days
On H1 134 days
Filed Filed 1040NR-EZ
2007(Jan- Dec9th): total 343 days in the US on H1

Now my questions are:
1) Am I a resident for the tax purpose for 2008?
2) Do I need to file 1040NR (not 1040NR-EZ)?

I will appreciate any expert opinion.

Thank you,

Sujoy

[IntlTax]

1) Am I a resident for the tax purpose for 2008? Yes. You were also a resident for 2007.

2) Do I need to file 1040NR (not 1040NR-EZ)? You should be filing Form 1040 or Form 1040EZ -- not 1040NR.

[MukatA]

The J1 visa is exempt from residency for 2 years unless you came to the U.S. as a student; then it is exempt for 5 years.