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New Member
posted Mar 1, 2022 12:45:49 PM

F1 to H1 Status change

Hi, Have a question about the residency status for tax filing purpose. I came to the US in August 2016 on F1 visa (study) and I was on an OPT program (on F1 visa) status till September 30, 2021 until got converted to H1 status from October 1st 2021. F1 visa expired in June 2021 but was in legal status on OPT (working fulltime and I didnt leave the US). Should I file tax as resident or non resident (1040NR)? thanks!

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1 Replies
Level 7
Mar 1, 2022 1:04:51 PM

You will file as resident.

You are considered a nonresident for five calendar years on an F1 visa. that is 2016 to 2020.

Since you satisfied the substantial presence test in 2021 you file as resident.

 

Click on the link for more information

 

F1 visa and residency