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March 18, 2022
Question

Taxes

  • March 18, 2022
  • 1 reply
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I arrived in US in july 2017 and have been working in F1 opt since March 2019. My H1B has started from October 2021.  It looks like I don't qualify for resident alien status based on SPT requirements? what are my options?

1. Do I need to file taxes as a non-resident alien for the entire year? 
2. Do I need to file dual tax return ; One as a non-resident till september and other as a resident from oct-dec?
3. Do I have the option of filing only resident tax return for entire year if i use the 'first choice year' option?
 

    1 reply

    March 19, 2022

    If you do not meet the substantial presence test and you do not have a green card (Note: H1B status is not a green card), you will have to file 2021 as a Nonresident alien. 

     

    As soon as you meet substantial presence or get Legal Permanent Resident status, that is the time you can use the first year election.

     

    See TurboTax partner of Sprintax.com - File your US nonresident ...