Hello,I’m currently on H1B but for the year 2024, I was on F1 student visa. Upon checking, I fulfill the requirement of substantial presence test. Can I use turbo tax?

megharp21 · ‎March 31, 2025

I have already used turbo tax for filing taxes and have received the federal returns. I’m trying to check if I need to amend my taxes for the year 2024.

KrisD15

You do not use the time you were on F-1 Visa to count towards Substantial Presence Test.

What date did you switch to H1B?

According to the IRS:

"Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
A professional athlete temporarily in the U.S. to compete in a charitable sports event."

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DavidD66

Foreign Students temporarily present in the United States in F-1, J-1, or M-1, status for less than 5 calendar years are generally nonresident aliens under residency rules of IRC section 7701(b). Generally, foreign students in F-1, J-1, or M-1 nonimmigrant status who have been in the United States more than 5 calendar years become resident aliens for U.S. tax purpose if they meet the “Substantial Presence Test”.

If in 2024 you had been in the US for less than 5 calendar years or did not meet the substantial presence test, then you were a non-resident alien. As a non-resident alien you cannot file Form 1040, which means you should not have filed using TurboTax. You have to file an amended Form 1040 and re-file on Form 1040-NR.

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megharp21

I meet the substantial presence test requirements. I was in US for the year 2021, 2022, 2023 and 2024 (for more than 300 days each year)

KrisD15

You do not use the time you were on F-1 Visa to count towards Substantial Presence Test.

What date did you switch to H1B?

According to the IRS:

"Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
A professional athlete temporarily in the U.S. to compete in a charitable sports event."

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

megharp21

Yeah, you’re right! I just checked. It says for 2025, I’m eligible to file as resident but for 2024 tax year, I’m an non-resident.

Thank you for the response, filing my amends now.

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Hello,I’m currently on H1B but for the year 2024, I was on F1 student visa. Upon checking, I fulfill the requirement of substantial presence test. Can I use turbo tax?