I was on F1 OPT Visa from start of 2018 till 09/30/2018 and moved to H1B visa from 10/01/2018 and was in US for the rest of the year. I'm applying for First-year choice and filing as Dual status alien. Given that I cannot file the return till I pass the substantial presence test, on what date will I pass the test in 2019?
to be eligible for first year choice you need to meet the following:
(a) was not a resident for tax purposes in 2017
(b) will meet the substantial presence test in 2019
(c) during test period 10/01/2018 thru 12/31/2018, you have been continuously present for at least 31 days
(d) during the above test period you have been in the USA for at least 75% of the total days ( counting optional up to 10 days of absence )
If you do then you write a note stipulating the above points and request to be treated as a resident for the year 2018
This will allow you to file using form 1040 and use TurboTax, as also all the tax benefits of a resident for tax purposes.
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