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Should my wife and i file as residents, even though we switched to F1 last year, after switching from H1B/H4?

I was on H1B between 2018 to September 2024. My wife joined me as H4 in March 2023. last year, we filed as residents (married filing jointly). In August 2024, we both switched to F1. We both have not left the country, and only transitioned. Do we still file as residents for this year?
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1 Reply
pk
Level 15
Level 15

Should my wife and i file as residents, even though we switched to F1 last year, after switching from H1B/H4?

@Shaddymens ,  not knowing your full  US  stay details, I can only say that generally  F-1 students are  exempt individuals  for FIVE Calendar years -- for purposes of  Substantial Presence Test.

 

However,  for the 2024 , the  days present in the USA till the date  status adjustment will still count towards  SPT.  Thus I suspect you would be  still a Resident for Tax purposes for 2024 tax year -- file  a 1040 and MFJ.

For 2025  through 2028 you may still be under  exempt days ( not counting days present ).  Obviously this is valid if and only if you meet the  conditions of the student visa  and/or show  a closer connection to your home country.  Thus you will file as Married, each separately and on form 1040-NR ( not supported by TurboTax -- check with your school Foreign Student Office )

I will be amiss if I did not suggest that you keep good records  and tread carefully to comply  with  work restrictions  etc. if only because   adjustment from  H-1B to F-1 is not usual -- it is generally the other way.

 

Is there more  can do for you ?

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