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

    Mar 27, 2007, 02:10 PM
    Resident or non-resident
    I am preparing 06 tax return. My situation: F1-OPT-H1. I changed to H1B in Oct 06, and worked through 06 until now. Was on F1 for the previous 3 years. ;)

    I meet "physically present for 183 days during the 3 year period", but do I need to be visa status consistent? Seems that the PUB 519 does not specify in its Substantial Presence Test, only requires "physically present".

    So I clear the SPT?:confused:
    NyITx's Avatar
    NyITx Posts: 4, Reputation: 1
    New Member
    		  
    #2

    Mar 27, 2007, 02:38 PM
    Quote Originally Posted by NyITx
    I am preparing 06 tax return. My situation: F1-OPT-H1. I changed to H1B in Oct 06, and worked thru 06 til now. Was on F1 for the previous 3 years. ;)

    I meet "physically present for 183 days during the 3 year period", but do I need to be visa status consistent? Seems that the PUB 519 does not specify in its Substantial Presence Test, only requires "physically present".

    So I clear the SPT?:confused:
    I got it... f1 days are excluded.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Mar 30, 2007, 12:11 PM
    Great!
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