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Get your taxes done using TurboTax
I’m not sure if I pass the Substantial Presence Test, here is what I calculated:
2024
- Days present on the F1 status don’t count towards the SPT (it’s considered “exempt individual” status)
- Physically present in the U.S on H1b status from Oct 15 – Nov 21, Nov 25 and 26, and Dec 25 – Dec 31
• Total presence in 2024 = 48 days
2023 (F1 visa all year, exempt from SPT)
- 0 days count
2022 (H4 until Dec 18, only H4 days count)
- H4 presence: Jan 1 – Dec 17 = 351 days
- 1/3 rule applies → 351 ÷ 3 = 117 days
so the total days present adds up to:
48+117 = 165 days
Let me know if this is correct, thanks!
March 21, 2025
2:51 PM