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

    Jan 29, 2014, 02:48 PM
    F1 to H1b, what is my status for tax purposes
    I was on F1 visa from July 2011 to June 2013, then by June 24th 2013, I moved to H1B. Do I file as a non-resident or dual resident alien
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 29, 2014, 03:44 PM
    You are a dual-status alien.

    Even though you DID meet the 183-day Substantial Presence Test, you must spend EVERY day of 2013 under H-1B status INSIDE the United States to be allowed to claim resident status.

    For 2014 and beyond, you will be able to file as a resident alien.

    Now, if you are MARRIED, you can file jointly with your wife and you will BOTH choose to be treated as resident aliens.

    If you need my professional help, please email me at the email address in my profile.
    tinytops's Avatar
    tinytops Posts: 3, Reputation: 1
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    #3

    Jan 30, 2014, 07:06 AM
    I am single. I just remembered I was out of the country for 31 days last year (October - November 2013), do I still pass the substantial test?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Jan 30, 2014, 09:55 AM
    No, you do not. You will now file as a non-resident alien, filing Forms 1040NR-EZ and 8843 ONE LAST TIME.

    In 2014, you will file as a resident alien.
    tinytops's Avatar
    tinytops Posts: 3, Reputation: 1
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    #5

    Jan 31, 2014, 08:03 AM
    Thank you
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Jan 31, 2014, 02:56 PM
    Glad to help!
    Keziah1's Avatar
    Keziah1 Posts: 2, Reputation: 1
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    #7

    Feb 25, 2014, 10:26 AM
    Hi, Atlanta Tax Expert

    I have the similar situation as tinytops. As dual status alien case, should I have two W-2? I only got one from my working place.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Feb 25, 2014, 12:51 PM
    While many companies do issue two W-2s, one for the non-resident period (no FICA taxes withheld) and one for the resident period (all taxes withheld), this practice is NOT required.

    As long as your single W-2 shows the correct withholding of FICA taxes, you are good to go.
    Keziah1's Avatar
    Keziah1 Posts: 2, Reputation: 1
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    #9

    Feb 26, 2014, 04:46 AM
    Thank you so much!
    I also changed my OPT to H1B in July 1, 2013 (I didn't leave U.S. from July to December), and the total days are 184 days.
    In my case, can I still fill 1040NR or I must fill both 1040NR and 1040 (dual status)?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #10

    Feb 26, 2014, 11:14 AM
    You have met the Substantial Presence Test, but have NOT spent the entire year in resident (H-1B) status, so you MUST file a dual-status return.

    Any treaty exemption you got while on F-1 visa status still applies.

    If you need professional help filing, please email me at the email address in my profile.
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