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Resident Alien or Non-resident alien after returning F-1 student?

Forum|Forum|6 years ago
April 28, 2020
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I have lived in the US for about 8 years (2008 - 2015) on an F-1 visa before and after 2 years came back on another F-1 visa as a graduate student and have been in the US for another 2+ years (2018-present) . Am I going to be considered Resident alien or Non-resident alien as this is another F-1 visa? will I get another 5-year exemption from the substantial presence test?

Best answer by pk12_2

@animesh70 , since the gap between original five exemption and the next re-entry is less than six years , you are not exempt person any more -- you were not exempt either when you left the USA --- 2008 F-1 allowed exempt only till the end of 2012. Thus you would been a resident for tax purposes when you left in 2015.

Currently you are resident for tax purposes ( for 2019 ). Thus you can file a return using form 1040 ( supported by TubroTax ).

Namaste ji

P

pk12_2Answer

Employee

@animesh70 , since the gap between original five exemption and the next re-entry is less than six years , you are not exempt person any more -- you were not exempt either when you left the USA --- 2008 F-1 allowed exempt only till the end of 2012. Thus you would been a resident for tax purposes when you left in 2015.

Currently you are resident for tax purposes ( for 2019 ). Thus you can file a return using form 1040 ( supported by TubroTax ).

Namaste ji