DanaB27
Expert Alumni

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]

@kingisbluffer

 

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