[rjb]

I am currently on F1 which was issued in Aug 2001. It has been five yrs. + since I came over for my graduate studies, and expect to continue on F1 for another 1yr. In Form 8843 Q.12 pertains to if I have been present for more than 5 calendar yrs on F1 status in the US. And, if Yes do provide sufficient evidence to establish that I do not intend to reside permanently in the US/ show that I wish to maintain my nonimmigrant status. Now, my question relates to what may qualify as sufficient evidence that I may be in a position to provide to maintain my nonimmigrant status.

Thanks
-rj

[AtlantaTaxExpert]

I doubt it.

As far as the IRS is concerned, you became a resident alien for tax purposes on 1 January 2006, regardless of your visa status.

[rjb]

I doubt it.

As far as the IRS is concerned, you became a resident alien for tax purposes on 1 January 2006, regardless of your visa status.

Hi Atlanta
To clear up some things on my end; My 5 yrs on F1 was completed on Aug 6th 2006 (F1 was issued in June 2001 and I first entered US on Aug 7th 2001) and in the remaining months from August 7th '06 till end of December '06 I do not meet the substantial presence test (183 days). Does this still mean I need to file my taxes as a resident alien?
Now, if I were to apply for a new F1 as the earlier one is expired, does my status as resident alien for tax purposes have any bearing on my application for a new F1.

Thanks for your advice
-rj

[AtlantaTaxExpert]

RJ:

If you spend ANY part of a year in the U.S. under an F-1 visa, that counts as a FULL YEAR. So if you arrived in the U.S. in 2001, that is Year #1, which makes 2005 Year #5, thus your F-1 exemption expired on 31 Dec 2005.

File as a resident alien.