I changed my Visa from F1 to H1 in 2017. Do I qualify as a resident alien for tax porpuses?

[richjbpfister]

I arrived in the US in July 2014 with an F1 Visa and stayed in the country at least 300 days every following year (15/16/17/18). In August 2017 I changed from an F1/OPT to an H1B. So now I've had an H1B Visa for the entire 2018 calendar year and also pass the significant present test. Do I qualify as a resident alien for tax porpuses?

Thank you very much.

[LinaJ2018 · Accepted solution]

No, you do not qualify, unfortunately. 

This is why:

As an F-1visa holder, you are considered as a nonresident for five years from the first year you enter the US.  In your situation, it will be 2014-2018.  Although you change to H-1 visa in August 2017, you do not stay for more than 183 days while you are on the H-visa ( August - December), therefore, you are still considered as a nonresident.  

This year 2019 when you are on the H-1 visa, if you stay within the US for more than 183 days or meet the Substantial Presence Test, you will be a resident on your 2019 tax return. 

[richjbpfister]

Thank you for your reply. The only problem now is that Sprintax is saying I do meet the presence test (which did not happen last year), therefore I'm a resident alien for tax purposes. It doesn't even let me move forward once I type in the days I've been present. And when I go back and try to use TurboTax, it keeps asking for my husband's SSN, which he does not have because he is here on a H4. Do you know how I get out of this? Thank you.