ErnieS0
Expert Alumni

Get your taxes done using TurboTax

Yes. You meet the substantial presence test if you received an H1-B visa in October 2020.

 

You began counting days from the date of issue so you would be in the US for all of 2021.

 

To qualify for substantial presence, you must be physically present in the United States (U.S.) on at least:

  • 31 days during the current year, and
  • 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.

Substantial Presence Test

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