topic Resident or Non Resident in Get your taxes done using TurboTax

Resident or Non Resident

ap2013 — Tue, 10 Feb 2026 11:24:54 GMT

Hi,

I was in US from 2013 to 2019 on h1b and filed married filing jointly. I left US in Nov2019.
I again came back to US in mid Nov 2023 on h1b and plan to stay in US entire 2024 (wife and kids are not in US yet, but will join before May24).

For 2023, should I file as resident alien or non resident alien? Single or Married filing jointly?

Thanks!

Re: Resident or Non Resident

Vanessa A — Sat, 17 Feb 2024 23:38:33 GMT

To be considered a resident alien, you would need to meet the substantial presence test as of the last day of the year. Since you were not in the US until November of 2023 after several years away, you would be considered a Non-Resident Alien again. You will need to contact Sprintax.com to help you with your tax filing needs as TurboTax does not support the 1040NR. They will be able to guide you on your filing status as well.

Re: Resident or Non Resident

ap2013 — Sun, 18 Feb 2024 00:21:58 GMT

Thank you! I have a follow up question, can I claim First-Year Choice to be treated as resident in 2023?

Re: Resident or Non Resident

Vanessa A — Mon, 19 Feb 2024 01:22:23 GMT

Possibly. You may be able to claim First Year Choice if you were present in the US for 31 days and present in the US for at least 75% of the days from the day you started counting the 31 days. So, if you did not leave the country at all, then you would qualify for the First Year Choice. If you did leave the country, then you would need to determine if you qualify based on the days you were present in the US.

Page 11 of the US. Tax Guide for Aliens gives 2 examples on how to determine if you meet the 31 day requirement.

If you choose First Year Choice, you would need to pay Social Security and Medicare taxes for the period that you are being treated as a US Resident. Also, all of your income from any source in the world would need to be included on your return that you earned or received during that period.

Electing First Year Choice would have you file as a Dual Status Alien. You would need to file the 1040 form for the time you are treated as a US Resident Alien and then use Sprintax.com to file the 1040NR for the rest of the year that you are treated as a Non-Resident Alien.