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tax919294
New Member

Resident or Non resident? (F1 to H1B)

I came to the US in 2013 for my Masters (F1) and changed to H1B in October, 2018. I'm aware that I was a non-resident for 2013-2017 and can't count days towards SPT. But, for 2018, can i count all of the days in 2018 towards SPT? 

The reason I ask is, on the IRS website, it states that you cannot count days you are an exempt individual (F1) towards SPT which would mean I can't count days in Jan-October. Or does that not matter since I'm over the 5 year period?

Thanks for the help!

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1 Best answer

Accepted Solutions
DanaB
Expert Alumni

Resident or Non resident? (F1 to H1B)

You can start counting days towards the SPT at the beginning of 2018 since your 5 year period was over after 2017. Therefore, you meet the SPT in 2018 and are a resident for tax purposes. Please see these examples for additional Information: IRS Alien Residency Examples F1 visa

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1 Reply
DanaB
Expert Alumni

Resident or Non resident? (F1 to H1B)

You can start counting days towards the SPT at the beginning of 2018 since your 5 year period was over after 2017. Therefore, you meet the SPT in 2018 and are a resident for tax purposes. Please see these examples for additional Information: IRS Alien Residency Examples F1 visa

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