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legolas2025
Returning Member

Am I a dual status or resident for the full year?

I was on my F1 (STEM OPT) visa until February 2024, after that I had a change of status to O1 visa. I went back to my home country to get my O1 visa stamped in August and returned in September. I was in O1 visa status for more than 183 days in 2024, so am I passing the substantial presence test? Overall, I was on O1 visa status for more than 183 days in 2024, so should I file as a dual resident (non-resident in January and resident thereafter) or can I file as a resident for the whole year? Is dual resident a "choice" or is it correct to file a resident for the whole year because I am passing the substantial presence test for 2024?

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1 Reply
DaveF1006
Expert Alumni

Am I a dual status or resident for the full year?

No. You may file as a US resident for 2024 since you were present for 183 days. Filing a dual-status return would be of no advantage to you because you only spent a month outside the US while spending the remainder of the time in the US.

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