- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
Yes, only Sprintax (this would be the simplest option). You haven't met the Substantial Presence Test for 2022. You are considered a nonresident for 2022.
Another option (more complicated):
If you meet the Substantial Presence Test during 2023, you have the option to be treated as a U.S. resident starting October 2022 under the First-Year Choice. You don't count any days of presence until your H1B visa was effective.
Your file Form 1040-NR for January-September (using Sprintax) and you file a separate Form 1040 for the period October-December (which you can do with TurboTax). But, there are rules you must follow to make the First-Year Choice (including a required statement attached to your Form 1040), and you cannot file the 2022 Form 1040 until you have actually met the Substantial Presence Test in 2022.
[Edited 4/5/2023 | 2:11pm PST]
**Mark the post that answers your question by clicking on "Mark as Best Answer"