1040-NR for 2016 on H1B

[taxfile2020]

I moved to US in December 2015 on H1B and have lived here since then.

I filed tax for 2016 on Feb 11 2017 as Resident alien.

So Substantial Presence Test count would be 164 < 183.

• 2017 - 41
• 2016 - 365/3 -- 122
• 2015 - 15/6 -- 2

But i filed Form 1040 with TurboTax as Resident Alien. 

Do i need to file amendment now as1040-NR for the 2016 return?

[KarenJ2 · Accepted solution]

No amendment needed.

You would have been a US resident for 2016 if you were in the US for 365 days.  You do not need to amend the return.  Each year stands on its own.

If you were only in the US in 2017 for 41 days, then your substantial presence test is correct for 2017.  You would have been a nonresident for 2017.