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achkhikvadze
New Member

I've been in US as F1 stdn btw 2014-2017 (OPT 2016-2017), in Aug. 2017 I moved to J1 visa working as specialist for a fed. gov. what's my residency for 2017 and 2018?

 
1 Reply
KarenJ
Intuit Alumni

I've been in US as F1 stdn btw 2014-2017 (OPT 2016-2017), in Aug. 2017 I moved to J1 visa working as specialist for a fed. gov. what's my residency for 2017 and 2018?

On a J1 non student visa , the rule is that you are exempt if you were not exempt for 2 or more years during the last 6 calendar years (the time counted for this rule would include times exempt on F1 and J1 student visa).

You would need to count days of presence in the US starting when you received your J1 visa.  As you will not have 183 US days of presence in 2017 (see Substantial Presence Test below), you will be a nonresident for 2017. You will need to use Sprintax for your 2017 nonresident return.

However, you will be considered a full year resident of the US for 2018 and can use TurboTax.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

 




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