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    Bredstein's Avatar
    Bredstein Posts: 3, Reputation: 1
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    #1

    Apr 1, 2007, 10:23 PM
    Resident/Nonresident status
    I would very much appreciate any suggestions regarding my taxpayer status. I really did my homework, read a whole bunch of IRS publications, forums, blogs. etc. but I am still confused with my own status. Here is my background:

    - I do not have a green card;
    - I am a J-1 student in good standing with a valid DS-2019;
    In 1998 I was present in US with a J-1 visa for 30 days;
    In 2002 I was present in US with a J-1 visa for 120 days;
    In 2003 I was present in US with a J-1 visa for 365 days;
    In 2004 I was present in US with a J-1 visa for 335 days;
    In 2005 I was present in US with a J-1 visa for 365 days;
    In 2006 I was present in US with a J-1 visa for 365 days;
    In 2007 I was present in US with a J-1 visa for 90 days;

    Am I a resident alien or a nonresident?

    Best regards,
    Andrey Bredstein
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Apr 1, 2007, 10:25 PM
    Quote Originally Posted by Bredstein
    I would very much appreciate any suggestions regarding my taxpayer status. I really did my homework, read a whole bunch of IRS publications, forums, blogs. etc., but I am still confused with my own status. Here is my background:

    - I do not have a green card;
    - I am a J-1 student in good standing with a valid DS-2019;
    In 1998 I was present in US with a J-1 visa for 30 days;
    In 2002 I was present in US with a J-1 visa for 120 days;
    In 2003 I was present in US with a J-1 visa for 365 days;
    In 2004 I was present in US with a J-1 visa for 335 days;
    In 2005 I was present in US with a J-1 visa for 365 days;
    In 2006 I was present in US with a J-1 visa for 365 days;
    In 2007 I was present in US with a J-1 visa for 90 days;

    Am I a resident alien or a nonresident?

    Best regards,
    Andrey Bredstein
    You are a resident (and have been for a while). You should file a 1040.
    Bredstein's Avatar
    Bredstein Posts: 3, Reputation: 1
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    #3

    Apr 1, 2007, 10:36 PM
    Quote Originally Posted by The Texas Tax Expert
    You are a resident (and have been for a while). You should file a 1040.
    Thank you very much for such a super fast answer! And it is a double pleasure to receive an answer from the Texas Expert :) I live in Round Rock, TX
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #4

    Apr 2, 2007, 07:53 AM
    Excellent! Always nice to talk to a Texan :)

    How have you had the J1 for so long -- that seems unusual.

    To fill you in on some more details, if you are a teacher/trainee (the usual J1) then generally you are only exempt from the SPT for 2 years. If you are a student, it is 5 years.
    Bredstein's Avatar
    Bredstein Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Apr 2, 2007, 08:20 AM
    Quote Originally Posted by The Texas Tax Expert
    Excellent! Always nice to talk to a Texan :)

    How have you had the J1 for so long -- that seems unusual.

    To fill you in on some more details, if you are a teacher/trainee (the usual J1) then generally you are only exempt from the SPT for 2 years. If you are a student, it is 5 years.
    In 1998 I visited US twice for a short time, and in 2002 I enrolled in UT at Austin (graduate school). My DS-2019 (IAP-66 at that time) was originally issued for 4 years, so in 2006 I renewed it, and now it is valid until 2008. I know of a very few people who managed their dissertation in 4 years :) This is how I had my J-1 for so long - it is the program that defines my duration of stay.

    And from what I know, it looks that I could have some deduction and tax credit for kids this year? I am going this Wednesday to some place in Round Rock where they help with the paperwork those who qualify with low income, and who can qualify better than a student? :)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Apr 9, 2007, 01:46 PM
    Agreed; you ARE a resident alien.
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