pk
Level 15
Level 15

Get your taxes done using TurboTax

@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