Thank you for your answer @DaveF1006.
I do not understand the five year calendar year rule. I thought it was for student only. In 2016 I was not in the U.S. as a student but as a J1 Summer work and travel. Then I went back to my home country (France). I was only a student in 2018-2019, but on May 27th, 2019, I went back to France. Now I am back in the U.S. with a J1 Trainee visa.
I thought that the rule that would apply to my case would be the « 2 of the 6 prior years ».
Here is what I can read on form 8843:
“If you were exempt as a teacher, trainee, or student for any part of 2 of the 6 prior calendar years, you can exclude days of presence in 2022 as a teacher or trainee only if all four of the following apply.
- You were exempt as a teacher, trainee, or student for any part of 3 (or fewer) of the 6 prior calendar years.
- A foreign employer paid all your compensation during 2022.
- You were present in the United States as a teacher or trainee in any of the 6 prior years.
- A foreign employer paid all of your compensation during each of those prior 6 years you were present in the United States as a teacher or trainee.”
I meet the first condition as I was a student in 2019. I meet the second condition as well. But, I do not meet the third condition and so neither the fourth. That is why I do not know what to do.
I do not know if I was considered exempted in 2016 while I had a J1 summer work and travel visa.
So, do you think I can still claim an exception using the closer connection?
thank you again for your help!
