DaveF1006
Expert Alumni

Get your taxes done using TurboTax

It depends on if you were a resident alien at the time you were H-1 visa holder. If you meet the Substantial Presence Test , you can file as a resident. 

 

To meet this test, you must be physically present in the United States (U.S.) on at least:  

  1. 31 days during the 2020 year, and 

  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: 

    • All the days you were present in the current year, and  

      • 1/3 of the days you were present in the first year before the current year, and 

      • 1/6 of the days you were present in the second year before the current year 

If you did not meet these requirements, you will need to file a Non-Resident return. 

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