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    semicharmedlife's Avatar
    semicharmedlife Posts: 5, Reputation: 1
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    #1

    Apr 7, 2010, 05:14 PM
    What form for 2nd year H1b federal taxes?
    Hello,

    I have been in the US since 2004 on an F1 visa and switched to the H1B visa in Oct-2008.

    So I have been physically present in the US for more than 31 days of this year and 183 in the 3-year period and based on this I pass the SPT.

    Does that mean that I will now be a resident for tax purposes or should I still continue to file the 1040NR form as I am on an H1 visa?

    I appreciate your help.

    Thanks.

    Melissa
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Apr 7, 2010, 08:00 PM

    Starting with Oct 2008, your days in U.S. are not exempt from residency. If you meet SPT in 2009, file resident tax return.
    semicharmedlife's Avatar
    semicharmedlife Posts: 5, Reputation: 1
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    #3

    Apr 8, 2010, 07:33 PM

    Thanks MukatA. That would either be forms 1040/1040EZ correct?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #4

    Apr 8, 2010, 10:32 PM

    Yes.
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