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Am I a resident alien or a dual status alien?

My situation is

F1: 2016 August---2019 February 17 

H1b: 2019 February 18- 2019 Dec 31

My understanding is that I met the Substantial Presence Test of 183 days as a resident alien.  But in January and February because I'm an exempt individual, I was a non-resident alien. Therefore, I have to file as a dual status. Is this correct? 

If this is correct, here comes to another question. I worked for the same company for the whole 2019 and received one W2.  How can I determine what amount is for non-resident and what for resident? Do I just probate by month? 

 

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1 Best answer

Accepted Solutions
DavidS127
Expert Alumni

Am I a resident alien or a dual status alien?

Yes, you meet the definition of a dual-status alien.  If you were paid the same amount throughout the year you can prorate your income. Otherwise, you can use your pay stubs or obtain the portion of your salary paid during the nonresident and resident periods using 

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1 Reply
DavidS127
Expert Alumni

Am I a resident alien or a dual status alien?

Yes, you meet the definition of a dual-status alien.  If you were paid the same amount throughout the year you can prorate your income. Otherwise, you can use your pay stubs or obtain the portion of your salary paid during the nonresident and resident periods using 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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