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aarsum
New Member

I was on F1 visa and my visa status changed to H1B from Oct 1, 2021. my Federal return just filed is form 1040. Please confirm it is correct or should it be 1040NR

 
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3 Replies
MinhT1
Expert Alumni

I was on F1 visa and my visa status changed to H1B from Oct 1, 2021. my Federal return just filed is form 1040. Please confirm it is correct or should it be 1040NR

As a H1B visa holder, you are considered as a resident alien and can file form 1040 if you satisfy the Substantial Presence test.

 

Please also read this IRS document for more information.

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aarsum
New Member

I was on F1 visa and my visa status changed to H1B from Oct 1, 2021. my Federal return just filed is form 1040. Please confirm it is correct or should it be 1040NR

I was on F1 Visa since Aug 2019. I think I do not pass the SBT since F visa holders are exempt. I have already filed as a resident. As such, would I need to file for an amendment?

MinhT1
Expert Alumni

I was on F1 visa and my visa status changed to H1B from Oct 1, 2021. my Federal return just filed is form 1040. Please confirm it is correct or should it be 1040NR

As your status changed to H1B, you can apply the Substantial Presence test, even if if you were an exempt individual when on F1 visa.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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