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April 1, 2025
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Assistance in expert advice - Determine right tax form for year 2024

  • April 1, 2025
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I came to the U.S. in Fall 2021 for my Master's degree and have been filing my taxes as a 1040-NR for the years 2021, 2022, and 2023. However, in October 2024, my visa status changed from F-1 to H-1B. Now, I am trying to determine which tax form I should file. Should I continue with the 1040-NR, or is there a different requirement for H-1B status? I have looked into the Substantial Presence Test to assess my residency status, but I'm still unclear about what steps I need to take. Can you please assist me? I came to the U.S. in Fall 2021 for my master's degree and have been filing my taxes as a 1040-NR for the years 2021, 2022, and 2023. However, in October 2024, my visa status changed from F-1 to H-1B. Now, I am trying to determine which tax form I should file. Should I continue with the 1040-NR, or is there a different requirement for H-1B status? I have looked into the Substantial Presence Test to assess my residency status, but I'm still unclear about what steps I need to take. Can you please assist me?

Best answer by DaveF1006

You would file a 1040 NR since you did not satisfy the 183 day resident requirement for 2024.  All days leading up to October 2024, were exempt thus couldn't be used toward the 183-day requirement. 

 

Turbo Tax does not help prepare 1040 NR returns, but our affiliate at Sprint Tax does. Please contact them here for further information.

1 reply

DaveF1006
DaveF1006Answer
April 1, 2025

You would file a 1040 NR since you did not satisfy the 183 day resident requirement for 2024.  All days leading up to October 2024, were exempt thus couldn't be used toward the 183-day requirement. 

 

Turbo Tax does not help prepare 1040 NR returns, but our affiliate at Sprint Tax does. Please contact them here for further information.

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Juggy1991Author
April 1, 2025

Thank you, Dave, just so I get some clarity, are the number of days for SBT counted from the day my visa was changed to H1B to determine my residency status

DaveF1006
April 1, 2025

Yes. These are considered nonexempt days for purposes of the SBT.

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