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    renebmc's Avatar
    renebmc Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 31, 2011, 06:45 PM
    F1/OPT to H1B - Non Resident Alien??
    Hello and thanks for your time.

    I was on F1/OPT from May2009 to Oct-1st-2010.
    On Oct 1st 2010 I changed to H1B. I went on vacation 21 days on December, so I was in the US for 70 days. That means as of right now I do NOT meet the Substantial Presence Test.

    However, if I file an extension and I present my 2010 taxes on April 25th (after the 183 days), will I be able to file as a resident?

    Can 2010 and 2011 days be combined for the 2010 Substantial Presence test?

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

    Feb 7, 2011, 11:22 PM
    Yes, you will combine days from 2010 and 2011.

    Using the formula explained in IRS Pub 519, you would file sometime in June 2011.
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