Nonresident or resident alien with 2x J1 and 1F1 visa

Forum|Forum|4 years ago
April 3, 2022
1 reply
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Hello!

I cloud't find examples online anywhere, for first having had a J1 visas and then being currently on an F1 student visa.

I first came to the US as a J1 student back in August 2014. My stay lasted until May 2015. Then I came back as a J1 Intern in December 2017 and stayed until December 2018. Most recently I got an F1 visa and entered on 12/31/2019 (which may have been a bad idea since 2019 seem to count against my 5 year exemption) I am currently still present in the US, was here the entirety of 2020 and except for a 2.5 months visit home, also all of 2021. I expected to have to file as resident alien since my 5 year exemption under F1 was used for 2014,2015, 2017, 2018, 2019 already. I did file form 8843 in 2020 because I was still under the misconception that the 9 hours in 2019 didn't count. Anyway, for 2021 I was certain to be a resident alien. However the Spintax Substantial present test says I am a nonresident alien with the same data I just provided. Who's wrong and why?

Thanks!

Not A Product Question

Best answer by ErnieS0

Sprinttax.com is correct. Under the six year look back period, you are still exempt because you were not in the US in 2016.

See Example 2 in Substantial Presence Test Examples.

E

ErnieS0Answer

Sprinttax.com is correct. Under the six year look back period, you are still exempt because you were not in the US in 2016.

See Example 2 in Substantial Presence Test Examples.

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A

Anonymous

Hi Ernie,

thanks so much for your response! Technically I was physically present in the US in 2016 but only as a tourist - not as an excerpt individual. So that doesn't change anything, does it?

Thanks again, I will file now with Sprintax as a nonresident alien!

Best,

Sina