ErnieS0
Expert Alumni

Get your taxes done using TurboTax

An F1 visa is five years exempt so you have no days present in the U.S. until you became H1B. Your original question said you became H1B in October, so you would not meet the substantial presence test and would therefore file as a nonresident, as Sprintax.com said.

 

The same applies to your wife if she became H4 in October. However since she has no income, she does not have to file a return.

 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

 

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    1. All the days you were present in the current year, and
    2. 1/3 of the days you were present in the first year before the current year, and
    3. 1/6 of the days you were present in the second year before the current year.
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