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January 5, 2021
Question

In 2017 I started to work on 1.Sept. with E visa. For that year I filed form 1040 (not NR). Was this correct? If not, can it be revised yet? Thank you.

  • January 5, 2021
  • 1 reply
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In 2017 I moved the first time to US end of August and started to work on 1.Sept with E visa.

1 reply

March 16, 2021

No. It does sound correct if 2017 was the first time you were present in the U.S. You must meet the substantial presence test to file as a resident alien.

 

You meet this test if you were physically present in the U.S. on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    • All the days you were present in the current year, and
    • 1/3 of the days you were present in the first year before the current year, and
    • 1/6 of the days you were present in the second year before the current year.

If you were only present in the U.S. for a few months in 2020 and not for a substantial period of time in the prior two years, then you would not be able to use TurboTax.

 

You can amend your 2017 return using Sprintax.com.

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