I change from F1 (OPT) to H1B during 2018 and I'm not sure if I'm qualify for resident in 2017. I was on F1 from 2015/8 to 2017/6/30. My H1b started on 7/1/2018.

[clairec35]

I change from F1 (OPT) to H1B during 2018 and I'm not sure if I'm qualify for resident in 2018. 

I was on F1 from 2015/8 to 2018/6/30 and I stayed in US most of the time from 2015/8/ tile 2018. My H1b started on 2018/7/1. According to SPT, I'm 3 days short from 186 days in 2018. Should I file as non-resident or resident?

Also, in the first half of 2018, I was exempt from Medicare and Social Security tax (OPT status) but after changing to H1B, my company start taking those taxes out of my paycheck. Do I need to specify those changes on my tax return 2018?

[TaxGuyBill]

The Substantial Presence Test is 183 days, not 186 days, so it sounds like you met the test are a Dual Status Alien in 2018  (Nonresident for part of the year and Resident for the other part).

However, from what  I have been told, TurboTax is not particularly helpful with Dual Status returns, and does not ask you about any of the possible elections.  So you may consider a tax professional this year that is experienced with Nonresident Aliens.

[pk]

If you did not any other income than your OPT and the H-1B from Jul 2018, it may be simpler to just  male  the first year choice to be treated as a resident for the whole year.  advantage ---- you can file using TurboTax and get all the benefits available to a citizen/resident / resident for tax purposes;  disadvantage --   you may have to pay FICA for the whole year and the possibility that your OPT employer is  not going to pay his  half of the FICA for the Jan thru June portion ( so that is essentially a 15.3 %  hit on that portion of the income).

To do a dual status filing ( while TurboTax does not walk you through this  you can do it yourself  with some perseverance ( and  possibly loss hair by pulling the same ). In this case you prepare your normal 1040 return using Turbo Tax, print sign, date and then include  a downloaded  and filled out 1040-NR  (  fillable  .pdf format )   and hand write on top of the 1040  " Dual Status Alien".  You may need help if you proceed with this path and  one of us should be able to guide you through the process.

On the other hand , with a little money and  professional help you may be able to get this done easily  and without any worries.

Anything else we can help you with ?

[TaxGuyBill]

Elections to be treated as a Resident do not affect being subject to FICA, so there would not any retroactive FICA owed.  You must become a Resident on your own to fall out of the FICA exemption.

[clairec35]

@TaxGuyBill  @pk Thank you so much for your answer. It's really clear and concise. I think I have the idea of how to file my tax return. I'll certainly reach out if I need help. Thanks again!

[taxprep-ea]

The first year election is doesn't make you a full year resident. You can make a full year election only if you were married. Dual status would be only option if you were single as of 12/31/2018.

[Jolyon_NC]

@texprep.ea. I am in the same situation as clairec35, but I am married. My status got changed from F1 to H1b on 8th February,2018. My spouse's status got changed from F2 to H4 and she too passed substantial present test in 2018. Can we file as full-year resident instead of Dual-Status?

[taxprep-ea]

Yes. You have to make 6013(h) election, apply ITIN for your spouse. You should paper-file your tax return.

[pk]

@Jolyon_NC , while agreeing with @taxprep.ea  in making ( and the procedures thereof ) for a section 6013(h) election, note that your wife's immigration status is same as your because her visa is a dependent visa , your being the prime visa -- thus the day you passed the substantial presence test and became a resident for tax purposes, her status also became resident for tax purposes. The IRC ref'd does require being married to a "resident" but does not make any distinction between resident and resident for tax purposes. So file by mail, include  , t the election document ( this is detailed  at <a rel="nofollow" target="_blank" href="http://www.irs.gov">www.irs.gov</a> -- first year election-- and  asks  you to stipulate a number of points/ requirements), the W-7 Form ( for issuance of ITIN ) and all the documents it ask for , and mail the whole lot in --- this will result in retroactive issuance of ITIN  ( if that is needed ).
 

[ChiAsh]

Can you please clarify whether FICA will be owed in case of a 6013(h) election?

It seems some responses in this thread claim that yes and others no.

I'm in a similar situation where I was on a j-1 visa (AT, somewhat similar to OPT, is exempt from paying FICA) and switched to a green card mid October (not exempt obviously).

I'm unsure whether choosing this election will only effect me in my federal and state taxes, or also force me to pay FICA. 

Thank you! 

[tamrim]

Hi,

I have a similar situation where I was on OPT until March, 2019 and changed to H-1B after. Is it possible/legal to avoid the complication of dual status filing and file as a resident? And in that case, would standard deductions apply?

Thank you!

[KarenJ2]

@tamrim You can only file as a resident in 2019 if you are married and make an election to file jointly.  The election is not available if you are single.

Please see pages 7-9 in Publication 519.

[Garridolecca]

Hello guys, I know I am late for filing my taxes, sorry for the bad example. I have a question. Last year in October I received my H1B visa approval, I went from OPT to H1B.  That was 90 days before the end of the year. Now I need to file my taxes but I am not sure if I should do that under my F1 OPT status or under my H1B status. Have any of you faced this before? 

Also if I do this under OPT, should I count all the year? , Same for H1B if I have to do that? 

[pk]

@Garridolecca , absent any additional information ( like when did you enter the USA with F-1, which country are you from etc. ), I cannot properly answer the question.

I would suspect  that you are still a Non-Resident Alien  and therefore have to file using form 1040-NR ( not supported by TurboTax ).

Please answer questions asked so I can answer  with certainty as to how to file and what options are there for you ( depending on your plans for 2020 ).