Tax filing while visa status changed from F1 to H1B

[nikhilkarmude199]

In 2016, I was on F1 till September end and H1-B started from October 1st on wards. How should I file taxes? Also, last year I filed using turbo tax while on F1 visa. How should I amend it?

[LinaJ2018]

When was the first year you entered US with your F-1 visa ?

[nikhilkarmude199]

August 2013. But, I used to file using university provided tax prep tool. For 2015 returns, I used  turbo tax as I graduated and started working on OPT.

[LinaJ2018]

See answers below.

[sadhu712]

same as my case. I filed 1040 with turbotax and my returns were accepted!! what do i do now?

[LinaJ2018 · Accepted solution]

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  After the five years period, you will start counting days by using the Substantial Presence Test  SPT to see if you qualify to be treated as a US resident for tax purposes. 

In your situation, you changed to H-1B visa during the five year periods ( 2013-2017), and did not meet the SPT after being on the H-1B visa, therefore, in default, you are considered as a nonresident for the tax year of 2016 unless you want to make an election of FirstYearChoice- (see under Residency Starting Date under the First-Year Choice), to make yourself as a dual status. 

-As TurboTax does not support the Form 1040-NR, you are advised to use our partner, Sprintax to complete your filing.

[LinaJ2018]

For your 2015 taxes, to amend from Form 1040 to 1040NR,  here are the steps:

-If you are considered as a non-resident, as TurboTax does not support the NR form, you are recommended to use our affiliated partner, Sprintax to complete your 1040-NR filing.  

1.  Download Form 1040-X from the IRS website ( see below).  On the front page of Form 1040-X, enter your name, current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)

2.  Do not enter any other information on page 1.  

3.  Do not complete Parts I or II on page 2 of Form 1040X.

4.  Enter in Part III the reason why you are filing Form 1040X.

5.  Complete a new or corrected form 1040-NR by using Sprintax, see above.

6.  Across the top of the 1040-NR, write “Amended”

7.  Attach the new or corrected return (Form 1040, Form 1040NR, etc. to the back of Form 1040X

For more information, see:

https://www.irs.gov/pub/irs-pdf/f1040x.pdf  - form

https://www.irs.gov/pub/irs-pdf/i1040x.pdf  - instructions

page 5 under Residents and Nonresidents

[taxnewbie6]

I changed to H1B from F1 on Nov 5, 2018. In 2019, I filed returns as Non-resident.
Now, when I'm filing in 2020, will I be considered Resident? As I've been in H1 the entire 2019. Will I meet the Substantial presence test?

Thank you.

[dppatel207]

Can I file with Turbotax if I am considering electing the First-year choice and filing as a resident alien? 

[KarenJ2]

You can file the First Year Choice only if you were not on an F-1 visa all year.  You must be a part yer resident before you can use the First Year Choice.  So if you are an international student, you would need to be in the US for more than 5 years or part years or your visa changed to H1(b) or another type of visa during 2019.

Please see pages 7- 8 of Publication 519.

[taxnewbie6]

Hi,

Can someone let me know about this?

I changed to H1B from F1 on Nov 5, 2018. In 2019, I filed returns as Non-resident.
Now, when I'm filing in 2020, will I be considered Resident? As I've been in H1 the entire 2019. Will I meet the Substantial presence test? and can I file with turbotax as resident?

Thank you.

[KarenJ2]

Yes, if you received your H1B visa at the end of  2018, you will be a US tax resident for calendar year 2019 and can use TurboTax to file your return.  As you were  in the US during 2019 you pass the substantial presence test as you were in the US 183 days or more.

[Paolo88]

What is a good tool to file tax in this situation (transitioned from F1 to H1-B)?

[mhaseebmlk]

@LinaJ2018 thank you for your answer! I had a small follow up question to clarify the 5-year exemption when you first enter the US on an F1: does the exemption from counting days for SPT apply even if you switched over to an H1B? For example, if you entered on an F1 in 2017, but then switched over to H1B in 2020, would you file as a non resident for 2020 even if you met the SPT had you counted the days in 2020 that you were on H1B ? Or are you exempt from SPT till 2022 (2017 + 5 years) and would therefore file as non-resident till 2022 as long as you're a non-immigrant?

[LinaJ2020]

If you entered the US in 2017 on F-1visa,  you will be exempt from counting for five years only if you are still on the F-visa.  Therefore, if you switched to H-1visa in 2020, you exemption ends in 2020 when you got your H-1 visa approved.  For example, if you changed your visa to H-1 in October, 2020 ( the month when immigration usually approved H-1 visas), you will be filing as a nonresident 2017-2020 as you do not meet SPT even on the H-visa ( October-December < 183 days).  You might be able to file dual status if you meet certain requirements.  Click here:  First year choice

@mhaseebmlk