DavidS127
Expert Alumni

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It depends.  You have been here on a student visa for part of least 5 calendar years, but you have to determine if you meet the other conditions to not be treated as an Exempt Individual.

 

You need to apply the IRS Publication 519 rules for an Exempt Individual at this link to your situation.  For your convenience, I've pasted a portion of that below.  When you are an Exempt Individual, you cannot count days of presence for the Substantial Presence Test.  So, the questions are whether you are no longer an Exempt Individual, and if not, when did you cease to be an Exempt Individual

 

Here's that text from Publication 519 (emphasis added):

 

"You will not be an exempt individual as a student in 2019 if you have been exempt as a teacher, trainee, or student for any part of more than 5 calendar years unless you meet both of the following requirements.

  • You establish that you do not intend to reside permanently in the United States.

  • You have substantially complied with the requirements of your visa.

The facts and circumstances to be considered in determining if you have demonstrated an intent to reside permanently in the United States include, but are not limited to, the following.

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