DaveF1006
Expert Alumni

Get your taxes done using TurboTax

No, your days that will be considered for the Substantial Presence Test will start on Dec 4. Select the link and look under the section titled Exempt Individuals.

 

Your first point is asking for days you were physically present in the US but this is not the same thing as qualifying to be a US resident alien under the Substantial Presence Test.  There is a distinction. It did say not to include the days you were an exempt individual.

 

Now, all of this is contingent on whether or not you terminated your F-1 visa status. If your status is still active, you need to file a 1040 NR for 2023 and continue filing this until full asylum is granted. Here are some reasons to fall out of  status.

 

  • Unauthorized withdrawal from classes.
  • Unauthorized drop below full course of study.
  • Unauthorized employment.
  • Suspension or disqualification.
  • Failure to enroll in classes.
  • Failure to extend prior to the program end date.
  • Authorized absence from the U.S.
  • Change of non-immigrant status.
  • Adjustment to permanent resident status.

The last two points would more than likely pertain to you. The International Students & Programs Office in your campus  is required to terminate F and J SEVIS records for a number of different reasons. Termination of a SEVIS record may take place because the student has departed the United States (U.S.), has obtained a different immigration status, or when a status violation occurs.

 

It would  be wise, I think, to maintain your F-1 Visa status until the final decision is made.

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"