Should I file two tax returns, one as a resident and other as non-resident?

[rohith_94]

My visa status changed to H1B on October 1st, 2018. I used to be on F1 visa before that. Because of this, I fail the substantial presence test and have to file taxes as Non-resident alien. I have seen that some people are filing taxes as dual-status alien, is this by choice or do I also have to file taxes as a resident? Should I file FBAR this year?

[pk · Accepted solution]

When did you enter the country with F-1? was this your first entry ?

generally, as long as you meet the  conditions attached to F-1 visa, you are exempt from counting days towards  Substantial Presence Test for five calendar years including the year you were admitted.  Thus I would assume ( absent other info) that 2018  you were still a Non-Resident Alien till the date of adjustment of status. This also means that for the year t 2018 you would still be a Non-Resident Alien   required to file form 1040-NR ( not supported by TurboTax).  Suggest you use TurbTax partner ( Sprintax), a tax professional or if you are still the academia, talk to your foreign student office for help on preparing the  1040-NR form.

Namaste ji

[rohith_94]

Thanks for your answer. I first came to US on Aug 2015 with F1 visa.

[pk]

given that date of admission, my comments above stand.

[rohith_94]

Hey, I have one more doubt, in 1040NR-EZ form, there is a question asking for my visa status on last day of tax year. What should I answer there, F1 or H1B?

[pk]

H-1B