I changed my visa status from F1 (OPT) to O1 in February 2024. Do I need to file as a dual status or resident for the whole year?

[legolas2025]

I am confused whether I can file as a resident for the whole year because I pass the substantial presence test by being on O1 physically in the country for 183+ days in 2024. Or is it correct to file as dual resident (non-resident till January and resident from February). Is this a choice that is up to me, or am I compulsorily required to file as a dual resident? I was a non-resident only for January. But a resident visa status (O1) thereafter. And overall for 2024, I pass the substantial presence test.

[DaveF1006]

Yes, since you resided in the US for 183+ days in 2024, you are a resident for US tax purposes since you passed the substantial presence test. You may file a 1040 return.

[legolas2025]

Thanks for the reply Dave. Just want to confirm that January being in F1 status does not force me to file Dual status, right? I can be resident (1040) for the full year?

[DaveF1006]

Yes, you may file as a US resident for the entire year since you met the substantial presence test requirement for the year.