J1 visa to B1 visa resident or non resident

Forum|Forum|5 years ago
March 4, 2021
1 reply
15 views

i came here US in sep 2018 as J1 trainee till mar 2020
after then i changed to B1 visa, and i am stil staying in US in 2021

i did file non-resident in 2018 and 2019

but its too hard to assume this year resident or non resident.

please help

ErnieS0

Level 15

File an as resident. Your exempt period ended when you received your B-1 visa. You started counting days in March and met the “substantial presence test,” because you were in the U.S. for more than 183 days beginning in March. You can use TurboTax to prepare your tax return.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, 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.

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