@gdua24 , now I understand:
(A) you were a Resident for Tax purposes when you left mid year , 2019 ( H-1B visa).
(B) so for 2019 you filed a dual status ( ? ) resident for Jan through May and Non-Resident for the rest of the year;
(C) no presence for year 2020 and hence only a 1040-NR filing covering US sourced earnings -- the flat 30% -- Non-Resident Alien with NO presence
(D) you re-entered US in Nov 2021 and there fore are a Non-Resident for the year 2021 ( 50 days in 2021 plus 0 days in 2020 and 25 days in 2019 -- 1/6th. of actual days present ). This will mean you file as a Non-Resident for the year 2021 -- being taxed only on US sourced/connected income.
(E) you can also , if you want to because it may be tax advantageous ( dependent -L2 implies that your spouse is L1 and joint filing may be useful ), request to be treated as a resident for the tax year ---- 1. you were not a resident in 2020, 2. using the test period of Nov 16th ( the first full day after the day you entered US ), you meet both at least 31 days present and 75% of the days in the test period and 3. you will be resident for tax purposes in 2022.
Does this help ?
Is there more I can do for you ?
pk
