I came to US as J-1 student in 2013 and left in 2014. I received zero income during the period. Therefore, I did not file any tax return.

Forum|Forum|7 years ago
June 4, 2019
1 reply
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I came back in 2015 as F-1 student, and changed my status to H-1B in 2018.
I filed taxes for 2015 (form 8843), 2016 (form 1040nr-ez and 8843), 2017 (form 1040nr-ez and 8843). What form should I file for 2018? I am not sure if when i came the first time in 2013-2014 should be counted toward the 5years allotment as exempt since I never submitted a form 8843 for both years. Please help!

PopeyeTheSalior

Level 13

If you stay for more than 183 days in 2018 (including both the F and H-1Bi visa), you would be a resident for tax purposes. When you carry a J visa, then later change to an F visa, the five years lifetime exemption covers the years while you were on the J visa. Therefore you are a nonresident from 2013-2017. You would file a Form 1040 in 2018.

linalan0Author

Level 2

Should I still file 8843 forms for years 2013 and 2014 now?
Also, if I need to file as resident for tax purposes for 2018, am I responsible for FICA taxes for the whole year or only after my status changed to H-1B?