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Get your taxes done using TurboTax
No, there is no exception and therefore you are unable to file as a Resident Alien in 2019. On the F-1 Visa you were exempt from counting days toward the Substantial Presence Test for any part or five calendar years (2015 - 2019). You were not able to start counting the days until you received the H1B Visa on 10/01/19. You will need to file a Form 1040-NR again in 2019.
In 2020, if your stay in the U.S., you will be able to file as a Resident Alien and file a Form 1040 through TurboTax. You will be able to attach a statement with your return electing to treat your wife as a Resident Alien for tax purposes.
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March 6, 2020
10:10 AM
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