Am I a resident alien or Non resident alien ?

[satyadb4u]

I came on H1B visa to US in on Aug 19th 2015 .
This is my first visit to US.
I went to India for vacation on DEC24 2015 to Jan 17 2016.
Total number of days i stayed in US is 128 days?

Though i am married my wife and kid are in India and never came to US. No ITIN.

Will i be a  resident alien or Non resident alien  ? (1040 or 1040NR or 1040NREZ)

[LinaJ2018 · Accepted solution]

Since you did not meet the Substantial Presence Test, you are considered as a nonresident filing form 1040-NR. You will be recommended to use Sprintax to complete your filing.

OR, 

If you anticipate you will be staying in the US for at least 183 days in the year of 2016, you can make an election to treat yourself as a resident from August 2015, making yourself a dual-alien status.

FirstYearChoice- Residency Starting Date under the First-Year Choice

[Jignesh]

I cam on F1 visa back in Sep-8-2014. Since then i never left usa. So for the year 2019 tax filling should i file as 1040 (regular for residen) or 1040NR ? Please suggest me the right choice

[KurtL1]

If you were present in the United States for 2019 calendar year you satisfied the 183 days' present requirement to be considered a Resident Alien for tax purposes. You can file Form 1040 for the 2019 tax year.

Under a F-1 Visa you were unable to count the days present in the United States for any part of five calendar years toward meeting the Substantial presence test. Since you entered the U.S. in 2014 as of January 1, 2019 the five-year limitation had been met.